reglab/housing_qa huggingface dataset:
NM Stat § 13-1-124.3 (2021)
2021 New Mexico Statutes|Chapter 13 - Public Purchases and Property|Article 1 - Procurement|Section 13-1-124.3 - Definitions.

As used in the Educational Facility Construction Manager At Risk Act [13-1-124.1 to 13-1-124.5 NMSA 1978]: A. "construction manager at risk" means a person who, pursuant to a contract with a governing body, provides the preconstruction services and construction management required in a construction manager at risk delivery method; B. "construction manager at risk delivery method" means a construction method for an educational facility wherein a construction manager at risk provides a range of preconstruction services and construction management, including cost estimation and consultation regarding the design of the building project, preparation and coordination of bid packages, scheduling, cost control, value engineering and, while acting as the general contractor during construction, detailing the trade contractor scope of work, holding the trade contracts and other subcontracts, prequalifying and evaluating trade contractors and subcontractors and providing management and construction services, all at a guaranteed maximum price for which the construction manager at risk is financially responsible; C. "educational facility" means a public school, including a locally chartered or state-chartered charter school or a facility of a state educational institution listed in Section 6-17-1.1 NMSA 1978; D. "governing body" means: (1) the public school facilities authority if the authority is the using agency that requires the construction of an educational facility; (2) a local school board if the board is the using agency that requires the construction of an educational facility; (3) the governing body of a charter school if the governing body is the using agency that requires the construction of an educational facility; or (4) the governing body of a state educational institution if the governing body is the using agency that requires the construction of an educational facility; and E. "guaranteed maximum price" means the maximum amount to be paid by the governing body for the construction of the educational facility, including the cost of the work, the general conditions and the fees charged by the construction manager at risk. History: Laws 2007, ch. 141, § 5. ANNOTATIONSEmergency clause. — Laws 2007, ch. 141, § 10 contained an emergency clause and was approved April 2, 2007.
NM Stat § 13-1-124.5 (2021)
2021 New Mexico Statutes|Chapter 13 - Public Purchases and Property|Article 1 - Procurement|Section 13-1-124.5 - Responsibilities of construction manager at risk following award of project.

A. The contract with the construction manager at risk shall specify: (1) the guaranteed maximum price; and (2) the percentage of the guaranteed price that the construction manager at risk will perform with its own work force. B. The construction manager at risk, in cooperation with the governing body, shall seek to develop subcontractor interest in the project and shall furnish to the governing body and any architect or engineer representing the governing body a list of subcontractors who state in writing that they are a responsible bidder or a responsible offeror, including suppliers who are to furnish materials or equipment fabricated to a special design and from whom proposals or bids will be requested for each principal portion of the project. The governing body and its architect or engineer shall promptly reply in writing to the construction manager at risk if the governing body, architect or engineer knows of any objection to a listed subcontractor or supplier, provided that the receipt of the list shall not require the governing body, architect or engineer to investigate the qualifications of proposed subcontractors or suppliers, nor shall it waive the right of the governing body, architect or engineer later to object to or reject any proposed subcontractor or supplier. C. The construction manager at risk shall: (1) conduct pre-bid or pre-proposal meetings; (2) advise the governing body about bidding or proposals; (3) enter into contracts; and (4) assist the governing body in evaluating submissions by responsible bidders and offerors. History: Laws 2007, ch. 141, § 7. ANNOTATIONSEmergency clause. — Laws 2007, ch. 141, § 10 contained an emergency clause and was approved April 2, 2007.
NM Stat § 13-1-126 (2021)
2021 New Mexico Statutes|Chapter 13 - Public Purchases and Property|Article 1 - Procurement|Section 13-1-126 - Sole source procurement.

A. A contract may be awarded without competitive sealed bids or competitive sealed proposals regardless of the estimated cost when the state purchasing agent or a central purchasing office determines, in writing, that: (1) there is only one source for the required service, construction or item of tangible personal property; (2) the service, construction or item of tangible personal property is unique and this uniqueness is substantially related to the intended purpose of the contract; and (3) other similar services, construction or items of tangible personal property cannot meet the intended purpose of the contract. B. The state purchasing agent or a central purchasing office shall use due diligence in determining the basis for the sole source procurement, including reviewing available sources and consulting the using agency, and shall include its written determination in the procurement file. C. The state purchasing agent or a central purchasing office shall conduct negotiations, as appropriate, as to price, delivery and quantity in order to obtain the price most advantageous to the state agency or a local public body. D. A contract for the purchase of research consultant services by institutions of higher learning constitutes a sole source procurement. E. The state purchasing agent or a central purchasing office shall not circumvent this section by narrowly drafting specifications so that only one predetermined source would satisfy those specifications. History: Laws 1984, ch. 65, § 99; 1987, ch. 348, § 9; 2013, ch. 40, § 2. ANNOTATIONSThe 2013 amendment, effective June 14, 2013, added additional criteria and changed the procedures for sole source procurement; in Subsection A, after "central purchasing office", deleted "makes a determination, after conducting a good faith review of available sources and consulting the using agency" and added "determines, in writing"; added Paragraphs (2) and (3) of Subsection A; and added Subsections B and E.
NM Stat § 13-1-129 (2021)
2021 New Mexico Statutes|Chapter 13 - Public Purchases and Property|Article 1 - Procurement|Section 13-1-129 - Procurement under existing contracts.

A. Notwithstanding the requirements of Sections 13-1-102 through 13-1-118 NMSA 1978, the state purchasing agent or a central purchasing office may contract for services, construction or items of tangible personal property without the use of competitive sealed bids or competitive sealed proposals as follows: (1) at a price equal to or less than the contractor's current federal supply contract price (GSA), providing the contractor has indicated in writing a willingness to extend such contractor pricing, terms and conditions to the state agency or local public body and the purchase order adequately identifies the contract relied upon; or (2) with a business which has a current exclusive or nonexclusive price agreement with the state purchasing agent or a central purchasing office for the item, services or construction meeting the same standards and specifications as the items to be procured if the following conditions are met: (a) the quantity purchased does not exceed the quantity which may be purchased under the applicable price agreement; and (b) the purchase order adequately identifies the price agreement relied upon. B. The central purchasing office shall retain for public inspection and for the use of auditors a copy of each federal supply contractor state purchasing agent price agreement relied upon to make purchases without seeking competitive bids or proposals. History: Laws 1984, ch. 65, § 102; 1991, ch. 254, § 1. ANNOTATIONSThe 1991 amendment, effective June 14, 1991, in Subsection A, substituted "Sections 13-1-102 through 13-1-118 NMSA 1978" for "Sections 75 through 91 of the Procurement Code" in the introductory paragraph, rewrote Paragraph (1) which read "at a price equal to or less than the federal supply contract price or catalogue price, whichever is lower and the purchase order adequately identifies the contract relied upon", substituted "exclusive or nonexclusive" for "contract or" in the introductory paragraph in Paragraph (2) and substituted "price agreement" for "contract" in Subparagraphs (a) and (b) in Paragraph (2); inserted "federal supply contractor", deleted "contract or current" preceding "price agreement", and added "or proposals" at the end of Subsection B; and deleted the former second and third sentences in Subsection B relating to obtaining copies of price agreements or contracts and the fees therefor.
NM Stat § 13-1-130 (2021)
2021 New Mexico Statutes|Chapter 13 - Public Purchases and Property|Article 1 - Procurement|Section 13-1-130 - Purchases; antipoverty program business.

A. Without regard to the bid requirements of Section 75 [13-1-102 NMSA 1978] of the Procurement Code, a central purchasing office may negotiate a contract for materials grown, processed or manufactured in this state by small businesses, cooperatives, community self-determination corporations or other such enterprises designed and operated to alleviate poverty conditions and aided by state or federal antipoverty programs or through private philanthropy. B. Prior to negotiating a contract under this section, a central purchasing office shall make a determination of the reasonableness of the price and the quality of the materials and that the public interest will best be served by the procurement. History: Laws 1984, ch. 54, § 103.
NM Stat § 13-1-131 (2021)
2021 New Mexico Statutes|Chapter 13 - Public Purchases and Property|Article 1 - Procurement|Section 13-1-131 - Rejection or cancellation of bids or requests for proposals; negotiations.

An invitation for bids, a request for proposals or any other solicitation may be canceled or any or all bids or proposals may be rejected in whole or in part when it is in the best interest of the state agency or a local public body. A determination containing the reasons for cancellation shall be made part of the procurement file. If no bids are received or if all bids received are rejected and if the invitation for bid was for any tangible personal property, construction or service, then new invitations for bids shall be requested. If upon rebidding the tangible personal property, construction or services, the bids received are unacceptable, or if no bids are secured, the central purchasing office may purchase the tangible personal property, construction or services in the open market at the best obtainable price. History: Laws 1984, ch. 65, § 104; 1987, ch. 348, § 12. 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. Am. Jur. 2d, A.L.R. and C.J.S. references. — Public contracts: authority of state or its subdivision to reject all bids, 52 A.L.R.4th 186.
NM Stat § 13-1-132 (2021)
2021 New Mexico Statutes|Chapter 13 - Public Purchases and Property|Article 1 - Procurement|Section 13-1-132 - Irregularities in bids or proposals.

The state purchasing agent or a central purchasing office may waive technical irregularities in the form of the bid or proposal of the low bidder or offeror which do not alter the price, quality or quantity of the services, construction or items of tangible personal property bid or offered. History: Laws 1984, ch. 65, § 105.
NM Stat § 13-1-133 (2021)
2021 New Mexico Statutes|Chapter 13 - Public Purchases and Property|Article 1 - Procurement|Section 13-1-133 - Responsibility of bidders and offerors.

If a bidder or offeror who otherwise would have been awarded a contract is found not to be a responsible bidder or offeror, a determination that the bidder or offeror is not a responsible bidder or offeror, setting forth the basis of the finding, shall be prepared by the state purchasing agent or a central purchasing office. The unreasonable failure of a bidder or offeror to promptly supply information in connection with an inquiry with respect to responsibility is grounds for a determination that the bidder or offeror is not a responsible bidder or offeror. History: Laws 1984, ch. 65, § 106.
NM Stat § 13-1-134 (2021)
2021 New Mexico Statutes|Chapter 13 - Public Purchases and Property|Article 1 - Procurement|Section 13-1-134 - Prequalification of bidders.

A business may be prequalified by a central purchasing office as a bidder or offeror for particular types of services, construction or items of tangible personal property. Mailing lists of potential bidders or offerors shall include but shall not be limited to such prequalified businesses. History: Laws 1984, ch. 65, § 107.
NM Stat § 13-1-135 (2021)
2021 New Mexico Statutes|Chapter 13 - Public Purchases and Property|Article 1 - Procurement|Section 13-1-135 - Cooperative procurement authorized.

A. Any state agency or local public body may either participate in, sponsor or administer a cooperative procurement agreement for the procurement of any services, construction or items of tangible personal property with any other state agency, local public body or external procurement unit in accordance with an agreement entered into and approved by the governing authority of each of the state agencies, local public bodies or external procurement units involved. The cooperative procurement agreement shall clearly specify the purpose of the agreement and the method by which the purpose will be accomplished. Any power exercised under a cooperative procurement agreement entered into pursuant to this subsection shall be limited to the central purchasing authority common to the contracting parties, even though one or more of the contracting parties may be located outside this state. An approved and signed copy of all cooperative procurement agreements entered into pursuant to this subsection shall be filed with the state purchasing agent. A cooperative procurement agreement entered into pursuant to this subsection is limited to the procurement of items of tangible personal property, services or construction. B. Notwithstanding the provisions of Subsection A of this section, a cooperative procurement agreement providing for mutually held funds or for other terms and conditions involving public funds or property included in Section 11-1-4 NMSA 1978 shall be entered into pursuant to the provisions of the Joint Powers Agreements Act [11-1-1 to 11-1-7 NMSA 1978]. C. Central purchasing offices other than the state purchasing agent may cooperate by agreement with the state purchasing agent in obtaining contracts or price agreements, and such contract or agreed prices shall apply to purchase orders subsequently issued under the agreement. History: Laws 1984, ch. 65, § 108; 1999, ch. 167, § 1. ANNOTATIONSThe 1999 amendment, effective June 18, 1999, in Subsection A substituted the language beginning "and approved by the governing authority of each of the state agencies" to the end of the subsection for "Joint Powers Agreements Act", added Subsection B, and redesginated former Subsection B as Subsection C.
NM Stat § 13-1-135.1 (2021)
2021 New Mexico Statutes|Chapter 13 - Public Purchases and Property|Article 1 - Procurement|Section 13-1-135.1 - Recycled content goods; cooperative procurement.

A. Beginning July 1, 1995, each central purchasing office shall, whenever its price, quality, quantity, availability and delivery requirements are met, purchase recycled content goods through contracts established by the purchasing division of the general services department or with other central purchasing offices. B. For purposes of this section, "recycled content goods" means supplies and materials composed in whole or in part of recycled materials; provided that the recycled materials content meets or exceeds the minimum content standards required by bid specifications. History: 1978 Comp., § 13-1-135.1, enacted by Laws 1995, ch. 60, § 2.
NM Stat § 13-1-136 (2021)
2021 New Mexico Statutes|Chapter 13 - Public Purchases and Property|Article 1 - Procurement|Section 13-1-136 - Cooperative procurement; reports required.

The general services department and the department of finance and administration shall notify the state purchasing agent on or before January 1 of each year of the cooperative procurement agreements entered into by state agencies with local public bodies or external procurement units during the preceding fiscal year. History: Laws 1984, ch. 65, § 109.
NM Stat § 13-1-137 (2021)
2021 New Mexico Statutes|Chapter 13 - Public Purchases and Property|Article 1 - Procurement|Section 13-1-137 - Sale, acquisition or use of property by a state agency or a local public body.

Any state agency or local public body may sell property to, acquire property from or cooperatively use any items of tangible personal property or services belonging to another state agency or a local public body or external procurement unit: A. in accordance with an agreement entered into with the approval of the state board of finance or the data processing and data communications planning council [information technology commission systems council]; or B. subject to the provisions of Sections 3-46-1 through 3-46-45; 3-54-1 through 3-54-3; 3-60-1 through 3-60-37 and 3-60A-1 through 3-60A-48 NMSA 1978. History: Laws 1984, ch. 65, § 110. ANNOTATIONSBracketed material. — The bracketed material was inserted by the compiler and it is not part of the law. Pursuant to Laws 1984, ch. 64, the data processing and data communications planning council, was renamed the information systems council. That council was subsequently renamed as the commission on information and communication management and then again as the information technology commission. See 15-1C-4 NMSA 1978. Am. Jur. 2d, A.L.R. and C.J.S. references. — 72 Am. Jur. 2d States § 66. 81A C.J.S. States §§ 145 to 147.
NM Stat § 13-1-138 (2021)
2021 New Mexico Statutes|Chapter 13 - Public Purchases and Property|Article 1 - Procurement|Section 13-1-138 - Cost or pricing data required.

When required by the state purchasing agent or a central purchasing office, a prospective contractor shall submit cost or pricing data when the contract is expected to exceed twenty-five thousand dollars ($25,000) and is to be awarded by a method other than competitive sealed bids. History: Laws 1984, ch. 65, § 111.
NM Stat § 13-1-138.1 (2021)
2021 New Mexico Statutes|Chapter 13 - Public Purchases and Property|Article 1 - Procurement|Section 13-1-138.1 - Specification of certain components; separate pricing required.

Prior to submitting a bid or proposal for a state public works project, if the state purchasing agent, or a responsible bidder or responsible offeror determines that there is only one source for a specific service, construction or item of tangible personal property that is required in the specifications, the state purchasing agent, responsible bidder or responsible offeror may require any bid or offer submitted by a subcontractor or supplier to price separately the specific service, construction or item of tangible personal property. History: Laws 2007, ch. 312, § 2. ANNOTATIONSEffective dates. — Laws 2007, ch. 312, § 6 makes this section effective July 1, 2007.
NM Stat § 13-1-138.2 (2021)
2021 New Mexico Statutes|Chapter 13 - Public Purchases and Property|Article 1 - Procurement|Section 13-1-138.2 - School construction projects; separate pricing required in certain circumstances.

Prior to submitting a bid or proposal for a state or local public works project for the construction of a public school facility, if the central purchasing office or a responsible bidder or responsible offeror determines that there is only one source for a specific service, construction or item of tangible personal property that is required in the specifications, then the central purchasing office, responsible bidder or responsible offeror may require any bid or offer submitted by a subcontractor or supplier to separately price the specific service, construction or item of tangible personal property. History: Laws 2007, ch. 366, § 2. ANNOTATIONSEffective dates. — Laws 2007, ch. 366, § 27 made Laws 2007, ch. 366, § 2 effective July 1, 2007.
NM Stat § 13-1-139 (2021)
2021 New Mexico Statutes|Chapter 13 - Public Purchases and Property|Article 1 - Procurement|Section 13-1-139 - Cost or pricing data not required.

The cost or pricing data relating to the award of a contract shall not be required when: A. the procurement is based on competitive sealed bid; B. the contract price is based on established catalogue prices or market prices; C. the contract price is set by law or regulation; D. the contract is for professional services; or E. the contract is awarded pursuant to the Public Building Energy Efficiency Act [Public Facility Energy Efficiency and Water Conservation Act] [Chapter 6, Article 23 NMSA 1978]. History: Laws 1984, ch. 65, § 112; 1993, ch. 231, § 12. ANNOTATIONSBracketed material. — The bracketed material was inserted by the compiler and is not part of the law. The title of the "Public Building Energy Efficiency Act" was changed to the "Public Facility Energy Efficiency and Water Conservation Act" by Laws 1997, ch. 42, § 1 and Laws 2001, ch. 247, § 1. The 1993 amendment, effective June 18, 1993, added Subsection (E) and made accompanying stylistic changes.
NM Stat § 13-1-140 (2021)
2021 New Mexico Statutes|Chapter 13 - Public Purchases and Property|Article 1 - Procurement|Section 13-1-140 - Cost or pricing data; change orders or contract modifications.

When required by the state purchasing agent or a central purchasing office, a contractor shall submit cost or pricing data prior to the execution of any change order or contract modification, whether or not cost or pricing data was required in connection with the initial award of the contract, when the change order or modification involves aggregate increases or aggregate decreases that are expected to exceed twenty-five thousand dollars ($25,000). History: Laws 1984, ch. 65, § 113.
NM Stat § 13-1-141 (2021)
2021 New Mexico Statutes|Chapter 13 - Public Purchases and Property|Article 1 - Procurement|Section 13-1-141 - Cost or pricing data; change orders; contract modifications; exceptions.

The submission of cost or pricing data relating to the execution of a change order or contract modification shall not be required when unrelated change orders or contract modifications for which cost or pricing data would not be required are consolidated for administrative convenience. History: Laws 1984, ch. 65, § 114.
NM Stat § 13-1-142 (2021)
2021 New Mexico Statutes|Chapter 13 - Public Purchases and Property|Article 1 - Procurement|Section 13-1-142 - Cost or pricing data; certification required.

A contractor, actual or prospective, required to submit cost or pricing data shall certify that to the best of its knowledge and belief the cost or pricing data submitted was accurate, complete and current as of a specified date. History: Laws 1984, ch. 65, § 115.