2023 New Mexico Statutes › Chapter 13 - Public Purchases and Property › Article 1 - Procurement › Section 13-1-102 - Competitive sealed bids required.

All procurement shall be achieved by competitive sealed bid pursuant to Sections 13-1-103 through 13-1-110 NMSA 1978, except procurement achieved pursuant to the following sections of the Procurement Code:
A. Sections 13-1-111 through 13-1-122 NMSA 1978, competitive sealed proposals;
B. Section 13-1-125 NMSA 1978, small purchases;
C. Section 13-1-126 NMSA 1978, sole source procurement;
D. Section 13-1-127 NMSA 1978, emergency procurements;
E. Section 13-1-129 NMSA 1978, existing contracts;
F. Section 13-1-130 NMSA 1978, purchases from antipoverty program businesses;
G. the Educational Facility Construction Manager At Risk Act [13-1-124.1 to 13-1-124.5 NMSA 1978]; and
H. the Transportation Construction Manager General Contractor Act [13-1-122.1 to 13-1-122.4 NMSA 1978].
History:
Laws 1984, ch. 65, § 75; 2007, ch. 141, § 1; 2022, ch. 12, § 5.
ANNOTATIONS
Cross references.
— For Bateman Act,
see
6-6-11, 6-6-13 to 6-6-18 NMSA 1978.
For exemptions from Bateman Act,
see
6-6-12 NMSA 1978.
The 2022 amendment,
effective July 1, 2022, added procurements pursuant to the Transportation Construction Manager General Contractor Act to the list of exemptions from competitive sealed bid requirements of the Procurement Code; and added Subsection H.
The 2007 amendment,
effective April 2, 2007, added Subsection G.
When lowest bid not best bid.
— The school board, if it has accurate figures at its disposal showing the lowest bid not to be the best bid because of such matters as operating expense, may award the contract to a higher bidder. 1954 Op. Att'y Gen. No. 54-5959.
Effect on lease purchase.
— A lease purchase of personalty by a school district is exempted from the Bateman Act [6-6-11, 6-6-13 to 6-6-18 NMSA 1978], but was subject to the former Public Purchases Act in respect to bidding requirements. 1964 Op. Att'y Gen. No. 64-141.
Purchase of group insurance.
— The purchase of group insurance for employees of state agencies was required to be made in compliance with the former Public Purchases Act including the requirement for bids. 1969 Op. Att'y Gen. No. 69-117.
Contract renewal.
— A renewal of a contract which was for a definite term is a new and separate contract; it was therefore required to meet the requirements of the former Public Purchases Act. 1966 Op. Att'y Gen. No. 66-40.
Trade-in or exchange.
— If there is to be a trade-in or exchange of used articles as part payment on a purchase price, the bid procedure to be followed is that for the total expenditure and not what may be the bid of the seller when the bid is the difference between the sale price and the trade-in allowance. 1969 Op. Att'y Gen. No. 69-142.
Effect on insurance contracts.
— Material changes in an insurance contract with a school district, which would increase the rates and/or benefits, could not be made without following the bid procedures set forth in the former Public Purchases Act. 1969 Op. Att'y Gen. No. 69-43.
Union statement not required.
— It would not be legal to require a union statement in the acceptance of an invitation to bid for printing because to do so would possibly shut out bidders who qualify. 1968 Op. Att'y Gen. No. 68-34.
The Procurement Code prohibits procurement based on noncompetitive bids.
— Identical twenty-part bids submitted by two companies that were separately registered suppliers to the state, and which shared the same physical address and some administrative operations, created a strong inference that the separate bids were not independently formulated, but rather were purposefully coordinated, and therefore not competitive as required by this section. Accordingly, procurement based on those bids would violate the Procurement Code. 2020 Op. Ethics Comm'n No. 2020-05.
Am. Jur. 2d, A.L.R. and C.J.S. references. —
64 Am. Jur. 2d Public Works and Contracts §§ 29 to 61.
Right of bidder for state or municipal contract to rescind bid on ground that bid was based upon his own mistake or that of his employee, 2 A.L.R.4th 991.
Standing of disappointed bidder on public contract to seek damages under 42 USCS § 1983 for public authorities' alleged violation of bidding procedures, 86 A.L.R. Fed. 904.
20 C.J.S. Counties §§ 165 to 168; 63 C.J.S. Municipal Corporations §§ 917 to 933; 72 Supp. C.J.S. Public Contracts § 9; 78 C.J.S. Schools and School Districts § 409 et seq.; 81A C.J.S. States § 116.