2023 New Mexico Statutes › Chapter 13 - Public Purchases and Property › Article 1C - State Use Act › Section 13-1C-5 - Authority and duties of the council; rules.

A. The council shall adopt rules in accordance with the procedure set out in Subsection E of Section 9-1-5 NMSA 1978 that:
(1) determine which services provided by persons with disabilities are suitable for sale to state agencies and local public bodies;
(2) establish, maintain and publish a list of all the services identified in Paragraph (1) of this subsection. The council shall periodically review and revise this list as products or services are added or removed. The council shall make the list available to all purchasing officials of state agencies and local public bodies;
(3) verify the fair market prices of the services identified in Paragraph (1) of this subsection and periodically revise the fair market prices in accordance with changing market conditions to ensure that services offer the best value for state agencies and local public bodies. In verifying the fair market value of services, the council shall consider amounts being paid for similar services purchased by the federal government, the state and local public bodies and by private businesses, and the actual cost of performing the services at a community rehabilitation program, taking into consideration the benefits associated with employing persons with disabilities;
(4) establish a procedure to certify eligible community rehabilitation programs and qualified individuals that have services suitable for procurement by state agencies and local public bodies that will be placed on the list established in Paragraph (2) of this subsection;
(5) establish a procedure for approval of a central nonprofit agency that shall hold contracts, facilitate the equitable distribution of orders for services to be procured by state agencies and local public bodies and market approved services to state agencies and local public bodies;
(6) establish procedures for the operation of the approved central nonprofit agency, including a fee structure for its services;
(7) address any other matter necessary to the proper administration of the State Use Act; and
(8) ensure that the work provides opportunities for integration with nondisabled persons, fair pay and adds value to the service provided.
B. The council shall, not later than one hundred eighty days following the close of each fiscal year, submit to the governor, the legislature and each community rehabilitation program a report that includes the names of the council members serving during the preceding fiscal year, the dates of council meetings during that year and any recommendations for changes to the State Use Act.
History:
Laws 2005, ch. 334 , § 5.
ANNOTATIONS
Effective dates.
— Laws 2005, ch. 334 contained no effective date provision, but, pursuant to N.M. Const., art. IV, § 23, was effective June 17, 2005, 90 days after adjournment of the legislature.
Self-dealing by non-state-employed council members does not violate the Governmental Conduct Act or the Procurement Code.
— Neither the Governmental Conduct Act nor the Procurement Code prohibits members of the New Mexico council for purchasing from persons with disabilities (council) from voting to approve a contract subject to the State Use Act, 13-1C-1 to 13-1C-7 NMSA 1978, between a state agency or local public body and a council member or a company in which the council member has a financial interest. Most of the members of the council do not receive compensation or cost reimbursements from the state, and therefore are not subject to the Governmental Conduct Act's conflict-of-interest provisions, and because procurements under the State Use Act are exempt from the requirements of the Procurement Code, the Procurement Code's conflict-of-interest section is unavailing. 2020 Op. Ethics Comm'n No. 2020-07.