2023 New Mexico Statutes › Chapter 13 - Public Purchases and Property › Article 1 - Procurement › Section 13-1-128 - Sole source and emergency procurements; publication of award to agency web site and sunshine portal; content and submission of record.

A. Prior to award of a sole source procurement contract, the state purchasing agent or central purchasing office shall:
(1) provide the information described in Subsection E of this section to the department of information technology for posting on the sunshine portal; and
(2) forward the same information to the legislative finance committee.
B. Prior to the award of a sole source procurement contract, the local public body central purchasing office shall post the information described in Subsection E of this section on the local public body web site, if one exists.
C. Within three business days of awarding an emergency procurement contract, the awarding central purchasing office within a state agency shall:
(1) provide the information described in Subsection E of this section to the department of information technology for posting on the sunshine portal; and
(2) forward the same information to the legislative finance committee.
D. Within three business days of awarding an emergency procurement contract, the local public body central purchasing office shall post the information described in Subsection E of this section on the local public body web site, if one exists.
E. All central purchasing offices shall maintain, for a minimum of three years, records of sole source and emergency procurements. The record of each such procurement shall be public record and shall contain:
(1) the contractor's name and address;
(2) the amount and term of the contract;
(3) a listing of the services, construction or items of tangible personal property procured under the contract;
(4) whether the contract was a sole source or emergency procurement contract; and
(5) the justification for the procurement method.
History:
Laws 1984, ch. 65, § 101; 1987, ch. 348, § 11; 2013, ch. 40, § 4.
ANNOTATIONS
The 2013 amendment,
effective June 14, 2013, required the publication of information about a sole source procurement prior to the award of a contract; required the publication of information about an emergency procurement after the award of a contract; in the title of the section, added "publication of award to agency web site and sunshine portal"; added Subsections A through D; and added Paragraph (4) of Subsection E.
Intent.
— The intention of the emergency purchases statute is to keep a public record of such purchases and to provide some means of control over them. 1969 Op. Att'y Gen. No. 69-107.
Reason for exceptions.
— Only when centralized control may be harmful or unproductive of savings were exceptions from the bid requirement allowed by the former Public Purchases Act. 1969 Op. Att'y Gen. No. 69-87.
Misuse remedy.
— The remedy for any misuse of the emergency purchases provisions would appear to be in the form of reporting the same in an audit report rather than in approving or disapproving the purchase itself. 1969 Op. Att'y Gen. No. 69-107.
Notice provisions also apply to amendments to sole source contracts.
— The notice and availability of protest provisions of this section and 13-1-126.1 NMSA 1978 not only apply to sole source contracts, but also apply when a state agency amends a sole source contract, because the contract amendment might affect the applicability of the state purchasing agent's or central purchasing office's previously-issued determination that a sole source procurement is necessary, which provides the public and potential contractors the opportunity to scrutinize whether the state purchasing agent's or central purchasing office's sole source determination for the original contract remains applicable as to the amended contract, and notice for amended contracts prevents unfair gamesmanship in sole source procurement, maintaining a procurement system of quality and integrity. 2021 Op. Ethics Comm'n No. 2021-06.