2023 New Mexico Statutes › Chapter 13 - Public Purchases and Property › Article 1 - Procurement › Section 13-1-104 - Competitive sealed bids; public notice.

A. An invitation for bids or a notice thereof shall be published not less than ten calendar days prior to the date set forth for the opening of bids. In the case of purchases made by the state purchasing agent, the invitation or notice shall be published at least once in at least three newspapers of general circulation in this state; in addition, an invitation or notice may be published electronically on the state purchasing agent's web site that is maintained for that purpose. In the case of purchases made by other central purchasing offices, the invitation or notice shall be published at least once in a newspaper of general circulation in the area in which the central purchasing office is located. These requirements of publication are in addition to any other procedures that may be adopted by central purchasing offices to notify prospective bidders that bids will be received, including publication in a trade journal, if available. If there is no newspaper of general circulation in the area in which the central purchasing office is located, such other notice may be given as is commercially reasonable.
B. Central purchasing offices shall send copies of the notice or invitation for bids involving the expenditure of more than twenty thousand dollars ($20,000) to those businesses that have signified in writing an interest in submitting bids for particular categories of items of tangible personal property, construction and services and that have paid any required fees. A central purchasing office may set different registration fees for different categories of services, construction or items of tangible personal property, but such fees shall be related to the actual, direct cost of furnishing copies of the notice or invitation for bids to the prospective bidders. The fees shall be used exclusively for the purpose of furnishing copies of the notice or invitation for bids of proposed procurements to prospective bidders.
C. A central purchasing office may satisfy the requirement of sending copies of a notice or invitation for bids by distributing the documents to prospective bidders through electronic media. Central purchasing offices shall not require that prospective bidders receive a notice or invitation for bids through electronic media.
D. As used in this section, "prospective bidders" includes persons considering submission of a bid as a general contractor for the construction contract and persons who may submit bids to a general contractor for work to be subcontracted pursuant to the construction contract. Central purchasing offices shall make copies of invitations for bids for construction contracts available to prospective bidders. A central purchasing office may require prospective bidders who have requested documents for bid on a construction contract to pay a deposit for a copy of the documents for bid. The deposit shall equal the full cost of reproduction and delivery of the documents for bid. The deposit, less delivery charges, shall be refunded if the documents for bid are returned in usable condition within the time limits specified in the documents for bid, which time limits shall be no less than ten calendar days from the date of the bid opening. All forfeited deposits shall be credited to the funds of the applicable central purchasing office.
History:
Laws 1984, ch. 65, § 77; 1989, ch. 275, § 1; 1995, ch. 102, § 1; 1999, ch. 166, § 1; 2001, ch. 292, § 5; 2005, ch. 214, § 1.
ANNOTATIONS
Cross references.
— For publication of public notices,
see
14-11-1 NMSA 1978 et seq.
The 2005 amendment,
effective July 1, 2005, increased the maximum expenditure for purchases from $10,000 to $20,000 in Subsection B.
The 2001 amendment,
effective July 1, 2001, added the language beginning "in addition, an invitation or notice" to the end of the second sentence in Subsection A; deleted "The state purchasing agent and all" from the beginning of the first sentence and "The state purchasing agent or" from the beginning of the second sentence in Subsection B; added Subsection C; redesignated former Subsection C as Subsection D; deleted "The state purchasing agent and all" from the beginning of the second sentence, "The state purchasing agent or" from the beginning of the third sentence, "state purchasing agent or" from the middle of the last sentence; and made a stylistic change in current Subsection D.
The 1999 amendment,
effective June 18, 1999, substituted "an" for "the" at the beginning of Subsection A, and substituted "ten thousand dollars ($10,000)" for "five thousand dollars ($5,000)" in Subsection B.
The 1995 amendment,
effective June 16, 1995, substituted "shall" for "must" in the second sentence of Subsection A and added the first sentence in Subsection C.
The Procurement Code does not prohibit
ex parte
communications with potential offerors.
— A school board member who, during a public hearing to discuss a local school district's chief procurement officer's (CPO) recommendation to contract with an offeror following the CPO's issuance of a request for proposals (RFP) for cleaning services, asked the CPO to provide copies of the RFPs and the names of all vendors who received notice, and after receiving this information, contacted local vendors to discuss the cost of the cleaning services requested and asked whether they had received notice of the RFPs, did not violate the Procurement Code, because the Procurement Code does not prohibit
ex parte
communications with potential offerors. 2020 Op. Ethics Comm'n No. 2020-04.