reglab/statecodes huggingface dataset:
2023 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.
2023 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.
ANNOTATIONS
Effective 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
ANNOTATIONS
Compiler'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.
2023 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.
2023 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.
ANNOTATIONS
The 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
ANNOTATIONS
The 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.
2023 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.
2023 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.
ANNOTATIONS
Appellate 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.
2023 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.
ANNOTATIONS
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.
2023 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.
ANNOTATIONS
Appellate 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.
2023 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.
ANNOTATIONS
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.
2023 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.
2023 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.
ANNOTATIONS
The 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.
2023 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.
2023 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.
ANNOTATIONS
The 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.
2023 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.
ANNOTATIONS
Effective 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.
2023 New Mexico Statutes › Chapter 13 - Public Purchases and Property › Article 1 - Procurement › Section 13-1-181 - Remedies prior to execution of contract.

If prior to the execution of a valid, written contract by all parties and necessary approval authorities, the state purchasing agent or a central purchasing office makes a determination that a solicitation or proposed award of the proposed contract is in violation of law, then the solicitation or proposed award shall be canceled.
History:
Laws 1984, ch. 65, § 154; 2002, ch. 62, § 1.
ANNOTATIONS
The 2002 amendment,
effective May 15, 2002, substituted "execution of contract" for "award" in the section heading; and substituted "the execution of a valid, written contract by all parties and necessary approval authorities" for "award" near the beginning of the section.
2023 New Mexico Statutes › Chapter 13 - Public Purchases and Property › Article 1 - Procurement › Section 13-1-182 - Ratification or termination after execution of contract.

If after the execution of a valid, written contract by all parties and necessary approval authorities, the state purchasing agent or a central purchasing office makes a determination that a solicitation or award of the contract was in violation of law and if the business awarded the contract did not act fraudulently or in bad faith:
A. the contract may be ratified, affirmed and revised to comply with law, provided that a determination is made that doing so is in the best interests of a state agency or a local public body; or
B. the contract may be terminated, and the contractor shall be compensated for the actual expenses reasonably incurred under the contract plus a reasonable profit prior to termination.
History:
Laws 1984, ch. 65, § 155; 2002, ch. 62, § 2.
ANNOTATIONS
The 2002 amendment,
effective May 15, 2002, substituted "execution of contract" for "award" in the section heading; substituted "the execution of a valid, written contract by all parties and necessary approval authorities" for "an award" near the beginning of the introductory language; and substituted "the contractor" for "the business awarded the contract" in Subsection B.
"Award of contract".
— Selection of the top-ranked lease offeror through the notice of award is an "award of a contract" under this section.
Renaissance Office, LLC v. Gen. Servs. Dep't
, 2001-NMCA-066, 130 N.M. 723, 31 P.3d 381, cert denied, 130 N.M. 713, 30 P.3d 1147 (now see 2002 amendments to this section).
Revised determinations.
— For the purposes of this section, when a court rules that a central purchasing office has erroneously determined that a contract award was lawful, the office shall be deemed to have entered a revised determination that the award was invalid, regardless of whether the court expressly orders the issuance of a new determination.
Hamilton Roofing Co. v. Carlsbad Mun. Sch. Bd. of Educ.
, 1997-NMCA-053, 123 N.M. 434, 941 P.2d 515.
2023 New Mexico Statutes › Chapter 13 - Public Purchases and Property › Article 1 - Procurement › Section 13-1-183 - Judicial review.

All actions authorized by the Procurement Code for judicial review of a determination shall be filed pursuant to the provisions of Section 39-3-1.1 NMSA 1978.
History:
Laws 1984, ch. 65, § 156; 1998, ch. 55, § 24; 1999, ch. 265, § 24.
ANNOTATIONS
The 1999 amendment,
effective July 1, 1999, substituted "Section 39-3-1.1" for "Section 12-8A-1".
The 1998 amendment,
effective September 1, 1998, rewrote this section to the extent that a detailed comparison is impracticable.
Administrative protest appealable.
— 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 NMSA 1978), who were given authority to resolve protests pursuant to § 13-1-174 NMSA 1978, and therefore constituted an administrative tribunal whose decision was appealable, as provided by § 13-1-183 NMSA 1978, 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.
Judicial review standard.
— Judicial relief is available to the disappointed bidder when a municipality acts in an arbitrary and capricious manner and violates the integrity of the Procurement Code.
Planning & Design Solutions v. City of Santa Fe
, 1994-NMSC-112, 118 N.M. 707, 885 P.2d 628.
Common law action.
— Nothing in the Procurement Code precludes an unsuccessful bidder from bringing a common-law action to challenge the acts of a third party whose protest results in the rejection of the bidder's bid.
Davis & Assocs., Inc. v. Midcon, Inc.
, 1999-NMCA-047, 127 N.M. 134, 978 P.2d 341.
Damages awarded to bidder.
— Reliance damages compensate the bidder's interest in being reimbursed for loss caused by reliance on the contract. New Mexico, therefore, joins other jurisdictions that in similar situations have awarded to a disappointed bidder the expenses incurred in preparing and submitting a bid.
Planning & Design Solutions v. City of Santa Fe
, 1994-NMSC-112, 118 N.M. 707, 885 P.2d 628.
Exclusivity of remedy.
— The Procurement Code does not expressly or impliedly authorize any private right of action for disappointed offerors, since Section 13-1-183 provides an adequate legal remedy.
State ex rel. Educ. Assessments. Sys. v. Coop. Educ. Servs.
, 1993-NMCA-024, 115 N.M. 196, 848 P.2d 1123.
Jurisdiction to review.
— The court lacked jurisdiction to review a purported settlement agreement between a bidder and an incorporated electric cooperative since an incorporated electric cooperative is neither a state agency nor a local public body and the Procurement Code therefore does not apply to it.
Fratello v. Socorro Elec. Corp.
, 1988-NMSC-058, 107 N.M. 378, 758 P.2d 792.
2023 New Mexico Statutes › Chapter 13 - Public Purchases and Property › Article 1 - Procurement › Section 13-1-185 - Assistance to small business; duties of the state purchasing agent.

A. The state purchasing agent shall issue publications designed to assist small businesses in learning how to do business with the state agencies and local public bodies.
B. The state purchasing agent shall compile, maintain and make available source lists of small businesses for the purpose of encouraging procurement by the state agencies and local public bodies from small businesses.
C. The state purchasing agent and central purchasing offices shall take all reasonable action to ensure that small businesses are solicited on each procurement for which they appear to be qualified.
D. The state purchasing agent shall develop training programs to assist small businesses in learning how to do business with the state agencies and local public bodies.
E. The state purchasing agent or a central purchasing office may make special provisions for progress payments as such office or officer may deem reasonably necessary to encourage procurement from small businesses in accordance with regulations promulgated by the secretary or a central purchasing office with authority to issue regulations.
History:
Laws 1984, ch. 65, § 158.
ANNOTATIONS
Cross references.
— For adoption of rules and regulations by secretary of general services department,
see
9-17-5 NMSA 1978.
2023 New Mexico Statutes › Chapter 13 - Public Purchases and Property › Article 1 - Procurement › Section 13-1-188 - Public acquisition of American-made motor vehicles required.

A state agency shall only acquire motor vehicles assembled in North America except for gas-electric hybrid vehicles until these vehicles are assembled in North America; provided that this section shall not apply to motor vehicles used for law enforcement purposes. For the purposes of this section, "motor vehicle" means a light-duty vehicle under eight thousand five hundred pounds.
History:
Laws 1984, ch. 65, § 161; 2002, ch. 32, § 1; 2013, ch. 217, § 1.
ANNOTATIONS
Cross references.
— For acquisition of alternative fuel or gas-electric hybrid vehicles,
see
13-1B-3 NMSA 1978.
The 2013 amendment,
effective June 14, 2013, exempted motorcycles used for law enforcement purposes; and in the first sentence, after "vehicles are assembled in North America", added ", provided that this section shall not apply to motor vehicles used for law enforcement purposes".
The 2002 amendment,
effective July 1, 2002, substituted "acquisition" for "purchases" in the section heading; and rewrote the section, which formerly read: "Any state agency shall only purchase cars and trucks assembled in North America".
2023 New Mexico Statutes › Chapter 13 - Public Purchases and Property › Article 1 - Procurement › Section 13-1-189 - Procurements pursuant to the Corrections Industries Act.

A. All state agencies shall purchase and all local public bodies may purchase items of tangible personal property and services offered pursuant to the provisions of the Corrections Industries Act [33-8-1 to 33-8-15 NMSA 1978].
B. The corrections industries commission shall prepare a catalogue containing an accurate and complete description of all items of tangible personal property and services available. A copy of the catalogue shall be provided to each state agency and local public body. The catalogue shall contain an approximate time required for delivery of each item of tangible personal property and service.
C. The state purchasing agent or a central purchasing office shall purchase available items of tangible personal property and services from the catalogue unless a determination is made that:
(1) an emergency exists requiring immediate action to procure the items of tangible personal property or service;
(2) the specifications for the items of tangible personal property or service, including quality, quantity and delivery requirements, cannot be met within a reasonable time by the corrections department; or
(3) the price to be paid to the corrections department for the items of tangible personal property or service is higher than the bid price of comparable items of tangible personal property or services.
History:
Laws 1984, ch. 65, § 162; 1987, ch. 5, § 1.
ANNOTATIONS
Cross references.
— For powers and duties of corrections industries commission,
see
33-8-6 NMSA 1978.
2023 New Mexico Statutes › Chapter 13 - Public Purchases and Property › Article 1 - Procurement › Section 13-1-190 - Unlawful employee participation prohibited.

A. Except as permitted by the University Research Park and Economic Development Act [Chapter 21, Article 28 NMSA 1978] or the New Mexico Research Applications Act [53-7B-1 to 53-7B-10 NMSA 1978], it is unlawful for any state agency or local public body employee, as defined in the Procurement Code, to participate directly or indirectly in a procurement when the employee knows that the employee or any member of the employee's immediate family has a financial interest in the business seeking or obtaining a contract.
B. An employee or any member of an employee's immediate family who holds a financial interest in a disclosed blind trust shall not be deemed to have a financial interest with regard to matters pertaining to that trust.
History:
Laws 1984, ch. 65, § 163; 1989, ch. 264, § 27; 2009, ch. 66, § 12.
ANNOTATIONS
The 2009 amendment,
effective April 2, 2009, in Subsection A, added "and Economic Development Act" after "University Research Park" and added "or the New Mexico Research Applications Act".
Am. Jur. 2d, A.L.R. and C.J.S. references.
— 64 Am. Jur. 2d Public Works and Contracts § 25.
72 Supp. C.J.S. Public Contracts § 5.
2023 New Mexico Statutes › Chapter 13 - Public Purchases and Property › Article 1 - Procurement › Section 13-1-191 - Bribes; gratuities and kickbacks; contract reference required.

All contracts and solicitations therefor shall contain reference to the criminal laws prohibiting bribes, gratuities and kickbacks.
History:
Laws 1984, ch. 65, § 164.
ANNOTATIONS
Cross references.
— For bribery of public officer or public employee,
see
30-24-1 NMSA 1978.
For demanding or receiving bribe by public officer or public employee,
see
30-24-2 NMSA 1978.
For soliciting or receiving illegal kickback,
see
30-41-1 to 30-41-3 NMSA 1978.
2023 New Mexico Statutes › Chapter 13 - Public Purchases and Property › Article 1 - Procurement › Section 13-1-192 - Contingent fees prohibited.

It is unlawful for a person or business to be retained or for a business to retain a person or business to solicit or secure a contract upon an agreement or understanding that the compensation is contingent upon the award of the contract, except for retention of bona fide employees or bona fide established commercial selling agencies for the purpose of securing business and persons or businesses employed by a local public body which are providing professional services to the local public body in anticipation of the receipt of federal or state grants or loans.
History:
Laws 1984, ch. 65, § 165.
2023 New Mexico Statutes › Chapter 13 - Public Purchases and Property › Article 1 - Procurement › Section 13-1-193 - Contemporaneous employment prohibited.

It is unlawful for any state agency or local public body employee who is participating directly or indirectly in the procurement process to become or to be, while such an employee, the employee of any person or business contracting with the governmental body by whom the employee is employed.
History:
Laws 1984, ch. 65, § 166.
2023 New Mexico Statutes › Chapter 13 - Public Purchases and Property › Article 1 - Procurement › Section 13-1-194 - Waivers from contemporaneous employment and unlawful employee participation permitted.

A state agency or a local public body may grant a waiver from unlawful employee participation pursuant to Section 163 [13-1-190 NMSA 1978] of the Procurement Code, or contemporaneous employment pursuant to Section 166 [13-1-193 NMSA 1978] of the Procurement Code, upon making a determination that:
A. the contemporaneous employment or financial interest of the employee has been publicly disclosed;
B. the employee will be able to perform his procurement functions without actual or apparent bias or favoritism; and
C. the employee participation is in the best interests of the state agency or a local public body.
History:
Laws 1984, ch. 65, § 167.
2023 New Mexico Statutes › Chapter 13 - Public Purchases and Property › Article 1 - Procurement › Section 13-1-195 - Use of confidential information prohibited.

It is unlawful for any state agency or local public body employee or former employee knowingly to use confidential information for actual or anticipated personal gain or for the actual or anticipated personal gain of any other person.
History:
Laws 1984, ch. 65, § 168.
2023 New Mexico Statutes › Chapter 13 - Public Purchases and Property › Article 1 - Procurement › Section 13-1-196 - Civil penalty.

Any person, firm or corporation that knowingly violates any provision of the Procurement Code is subject to a civil penalty of not more than one thousand dollars ($1,000) for each procurement in violation of any provision of the Procurement Code. The district attorney in the jurisdiction in which the violation occurs or the state ethics commission is empowered to bring a civil action for the enforcement of any provision of the Procurement Code; provided that the commission may refer a matter for enforcement to the attorney general or the district attorney in the jurisdiction in which the violation occurred. Any penalty collected under the provisions of this section shall be credited to the general fund of the political subdivision in which the violation occurred and on whose behalf the suit was brought.
History:
Laws 1984, ch. 65, § 169; 2019, ch. 86, § 34.
ANNOTATIONS
The 2019 amendment,
effective July 1, 2019, authorized the state ethics commission to bring a civil action for the enforcement of any provision of the Procurement Code or to refer a matter for enforcement to the attorney general or the district attorney in the jurisdiction in which the violation occurred; in the second sentence, after "The", deleted "attorney general or the", after "the violation occurs", added "or the state ethics commission", and after "Procurement Code", added "provided that the commission may refer a matter for enforcement to the attorney general or the district attorney in the jurisdiction in which the violation occurred".