reglab/statecodes huggingface dataset:
2023 New Mexico Statutes › Chapter 13 - Public Purchases and Property › Article 1 - Procurement › Section 13-1-67 - Definition; local public body.

"Local public body" means every political subdivision of the state and the agencies, instrumentalities and institutions thereof, including two-year post-secondary educational institutions, school districts and local school boards and municipalities, except as exempted pursuant to the Procurement Code.
History:
Laws 1984, ch. 65, § 40; 1999, ch. 258, § 1; 2003, ch. 267, § 1.
ANNOTATIONS
The 2003 amendment,
effective June 20, 2003 added "school districts and local school boards and municipalities, except as exempted pursuant to the Procurement Code" at the end of the section.
The 1999 amendment,
effective June 18, 1999, added "including two-year post-secondary educational institutions" at the end of the section.
Municipality and school district within definition.
— A municipality and a school district fall within the definition of "local public body" in this section, and, thus, a transaction involving the purchase of water services by the school district from the water utility of the municipality is within the exemptions contained in Subsections A and D of Section 13-1-98 NMSA 1978 because the municipality is a local public body selling water services to another local public body and the school district is purchasing "publicly provided" water.
Morningstar Water Users Ass'n v. Farmington Mun. Sch. Dist. No. 5
, 1995-NMSC-052, 120 N.M. 307, 901 P.2d 725.
County-municipal hospital is "local public body"
and, therefore, purchases made by such a hospital must be made in compliance with any provisions governing public procurement. 1969 Op. Att'y Gen. No. 69-78.
County commission is "local public body".
1969 Op. Att'y Gen. No. 69-135.
An intercommunity water supply association
qualifies as a local public body for purposes of the Procurement Code given the availability of municipal funds to pay the association's expenses and the extent of the control over the management of the association by the member villages. 1991 Op. Att'y Gen. No. 91-07.
2023 New Mexico Statutes › Chapter 13 - Public Purchases and Property › Article 1 - Procurement › Section 13-1-68 - Definition; multi-term contract.

"Multi-term contract" means a contract having a term longer than one year.
History:
Laws 1984, ch. 65, § 41.
ANNOTATIONS
County fair board publishing book affected.
— Under the former Public Purchases Act, a county fair board publishing an annual fair book at a cost exceeding $1000 was required to comply with the bidding provisions of the act. 1964 Op. Att'y Gen. No. 64-110.
2023 New Mexico Statutes › Chapter 13 - Public Purchases and Property › Article 1 - Procurement › Section 13-1-69 - Definition; multiple source award.

"Multiple source award" means an award of an indefinite quantity contract for one or more similar services, items of tangible personal property or construction to more than one bidder or offeror.
History:
Laws 1984, ch. 65, § 42.
2023 New Mexico Statutes › Chapter 13 - Public Purchases and Property › Article 1 - Procurement › Section 13-1-70 - Definition; notice of invitation for bids.

"Notice of invitation for bids" means a document issued by a procurement officer which contains a brief description of the services, construction or items of tangible personal property to be procured, the location where copies of the invitation for bid may be obtained, the location where bids are to be received, the cost, if any, for copies of plans and specifications, the date and place of the bid opening and such other information as the procurement officer deems necessary.
History:
Laws 1984, ch. 65, § 43.
2023 New Mexico Statutes › Chapter 13 - Public Purchases and Property › Article 1 - Procurement › Section 13-1-70.1 - Definition; person.

"Person" means an individual, corporation, business trust, estate, trust, partnership, limited liability company, association, joint venture or other legal or commercial entity.
History:
Laws 2013, ch. 41, § 1.
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.
2023 New Mexico Statutes › Chapter 13 - Public Purchases and Property › Article 1 - Procurement › Section 13-1-71 - Definition; price agreement.

"Price agreement" means a definite quantity contract or indefinite quantity contract which requires the contractor to furnish items of tangible personal property, services or construction to a state agency or a local public body which issues a purchase order, if the purchase order is within the quantity limitations of the contract, if any.
History:
Laws 1984, ch. 65, § 44.
2023 New Mexico Statutes › Chapter 13 - Public Purchases and Property › Article 1 - Procurement › Section 13-1-74 - Definition; procurement.

"Procurement" means:
A. purchasing, renting, leasing, lease purchasing or otherwise acquiring items of tangible personal property, services or construction; and
B. all procurement functions, including but not limited to preparation of specifications, solicitation of sources, qualification or disqualification of sources, preparation and award of contract and contract administration.
History:
Laws 1984, ch. 65, § 47.
2023 New Mexico Statutes › Chapter 13 - Public Purchases and Property › Article 1 - Procurement › Section 13-1-76 - Definition; professional services.

"Professional services" means the services of architects, archeologists, engineers, surveyors, landscape architects, medical arts practitioners, scientists, management and systems analysts, certified public accountants, registered public accountants, lawyers, psychologists, planners, researchers, construction managers and other persons or businesses providing similar professional services, which may be designated as such by a determination issued by the state purchasing agent or a central purchasing office.
History:
Laws 1984, ch. 65, § 49; 1989, ch. 69, § 5; 1997, ch. 171, § 2.
ANNOTATIONS
Cross references.
— For professional and occupational licenses,
see
Chapter 61 NMSA 1978.
The 1997 amendment,
effective June 20, 1997, substituted the language beginning "construction managers and" for "and persons or businesses providing similar services" at the end of the section.
2023 New Mexico Statutes › Chapter 13 - Public Purchases and Property › Article 1 - Procurement › Section 13-1-77 - Definition; purchase order.

"Purchase order" means the document issued by the state purchasing agent or a central purchasing office that directs a contractor to deliver items of tangible personal property, services or construction.
History:
Laws 1984, ch. 65, § 50; 2001, ch. 292, § 2.
ANNOTATIONS
The 2001 amendment,
effective July 1, 2001, deleted "pursuant to an existing contract" from the end of the section.
2023 New Mexico Statutes › Chapter 13 - Public Purchases and Property › Article 1 - Procurement › Section 13-1-78 - Definition; purchase request.

"Purchase request" means the document by which a using agency requests that a contract be obtained for a specified service, construction or item of tangible personal property and may include but is not limited to the technical description of the requested item, delivery schedule, transportation requirements, suggested sources of supply and supporting information.
History:
Laws 1984, ch. 65, § 51.
2023 New Mexico Statutes › Chapter 13 - Public Purchases and Property › Article 1 - Procurement › Section 13-1-79 - Definition; qualified products list.

"Qualified products list" means a list of items of tangible personal property described by model or catalogue number which, prior to the solicitation of competitive sealed bids or competitive sealed proposals, are items the state purchasing agent or a central purchasing office has determined will meet the applicable specifications.
History:
Laws 1984, ch. 65, § 52.
2023 New Mexico Statutes › Chapter 13 - Public Purchases and Property › Article 1 - Procurement › Section 13-1-80 - Definition; regulation.

"Regulation" means any rule, order or statement of policy, including amendments thereto and repeals thereof, issued by a state agency or a local public body to affect persons not members or employees of the issuer.
History:
Laws 1984, ch. 65, § 53.
2023 New Mexico Statutes › Chapter 13 - Public Purchases and Property › Article 1 - Procurement › Section 13-1-82 - Definition; responsible bidder.

"Responsible bidder" means a bidder who submits a responsive bid and who has furnished, when required, information and data to prove that his financial resources, production or service facilities, personnel, service reputation and experience are adequate to make satisfactory delivery of the services, construction or items of tangible personal property described in the invitation for bids.
History:
Laws 1984, ch. 65, § 55.
ANNOTATIONS
Factor affecting adequacy of agent.
— The length of time an insurance agency has been located within the school district may be considered by the school district in determining whether the service, reputation and experience of an agent are adequate. 1969 Op. Att'y Gen. No. 69-19.
Burden on bidder.
— If the central purchasing office of the school district believes that a bidder is not a "responsible bidder" because he has not maintained an office in the district for a reasonable period of time, the burden is on the bidder to prove that his service facilities, service reputation and experience are adequate to make satisfactory delivery of the services required. 1969 Op. Att'y Gen. No. 69-19.
2023 New Mexico Statutes › Chapter 13 - Public Purchases and Property › Article 1 - Procurement › Section 13-1-83 - Definition; responsible offeror.

"Responsible offeror" means an offeror who submits a responsive proposal and who has furnished, when required, information and data to prove that his financial resources, production or service facilities, personnel, service reputation and experience are adequate to make satisfactory delivery of the services or items of tangible personal property described in the proposal.
History:
Laws 1984, ch. 65, § 56.
2023 New Mexico Statutes › Chapter 13 - Public Purchases and Property › Article 1 - Procurement › Section 13-1-84 - Definition; responsive bid.

"Responsive bid" means a bid which conforms in all material respects to the requirements set forth in the invitation for bids. Material respects of a bid include but are not limited to price, quality, quantity or delivery requirements.
History:
Laws 1984, ch. 65, § 57; 1987, ch. 348, § 1.
ANNOTATIONS
Responsible bid must be within bid request specifications.
— A bid price not in conformity with the specifications of the bid request is not a responsible bid.
Shed Indus., Inc. v. King
, 1980-NMSC-086, 95 N.M. 62, 618 P.2d 1226.
Bid must incorporate public works minimum wage rates.
— A bid is not a responsible bid when it fails to incorporate the state's public works minimum wage rates.
Shed Indus., Inc. v. King
, 1980-NMSC-086, 95 N.M. 62, 618 P.2d 1226.
2023 New Mexico Statutes › Chapter 13 - Public Purchases and Property › Article 1 - Procurement › Section 13-1-85 - Definition; responsive offer.

"Responsive offer" means an offer which conforms in all material respects to the requirements set forth in the request for proposals. Material respects of a request for a proposal include, but are not limited to, price, quality, quantity or delivery requirements.
History:
Laws 1984, ch. 65, § 58.
2023 New Mexico Statutes › Chapter 13 - Public Purchases and Property › Article 1 - Procurement › Section 13-1-86 - Definition; secretary.

"Secretary" means the secretary of general services.
History:
Laws 1984, ch. 65, § 59.
ANNOTATIONS
Cross references.
— For powers and duties of secretary of general services,
see
9-17-5 NMSA 1978.
2023 New Mexico Statutes › Chapter 13 - Public Purchases and Property › Article 1 - Procurement › Section 13-1-86.1 - Duty to promulgate rules.

The secretary of general services shall promulgate rules necessary to implement the provisions of this 2016 act.
History:
Laws 2016, ch. 5, § 3.
ANNOTATIONS
Effective dates.
— Laws 2016, ch. 5, § 5 made Laws 2016, ch. 5, § 3 effective July 1, 2016.
Compiler's notes.
— The phrase "this 2016 act" refers to Laws 2016, ch. 5.
Cross references.
— For additional duties of the secretary of general services,
see
9-17-5 NMSA 1978.
2023 New Mexico Statutes › Chapter 13 - Public Purchases and Property › Article 1 - Procurement › Section 13-1-87 - Definition; services.

"Services" means the furnishing of labor, time or effort by a contractor not involving the delivery of a specific end product other than reports and other materials which are merely incidental to the required performance. "Services" includes the furnishing of insurance but does not include construction or the services of employees of a state agency or a local public body.
History:
Laws 1984, ch. 65, § 60.
2023 New Mexico Statutes › Chapter 13 - Public Purchases and Property › Article 1 - Procurement › Section 13-1-88 - Definition; small business.

"Small business" means a business, not a subsidiary or division of another business, having an average annual volume for the preceding three fiscal years which does not exceed one million five hundred thousand dollars ($1,500,000).
History:
Laws 1984, ch. 65, § 61.
2023 New Mexico Statutes › Chapter 13 - Public Purchases and Property › Article 1 - Procurement › Section 13-1-89 - Definition; specification.

"Specification" means a description of the physical or functional characteristics or of the nature of items of tangible personal property, services or construction. "Specification" may include a description of any requirement for inspecting or testing, or for preparing items of tangible personal property, services or construction for delivery.
History:
Laws 1984, ch. 65, § 62.
2023 New Mexico Statutes › Chapter 13 - Public Purchases and Property › Article 1 - Procurement › Section 13-1-90 - Definition; state agency.

"State agency" means any department, commission, council, board, committee, institution, legislative body, agency, government corporation, educational institution or official of the executive, legislative or judicial branch of the government of this state. "State agency" includes the purchasing division of the general services department and the state purchasing agent but does not include local public bodies.
History:
Laws 1984, ch. 65, § 63.
2023 New Mexico Statutes › Chapter 13 - Public Purchases and Property › Article 1 - Procurement › Section 13-1-91 - Definition; state public works project.

"State public works project" means a project of a state agency, not including projects of the state educational institutions, the supreme court building commission, the legislature or local public bodies, that uses architectural or engineering services requiring professional services costing fifty thousand dollars ($50,000) or more or landscape architectural or surveying services requiring professional services costing ten thousand dollars ($10,000) or more, excluding applicable state and local gross receipts taxes.
History:
Laws 1984, ch. 65, § 64; 1989, ch. 69, § 6; 1991, ch. 127, § 1; 1993, ch. 72, § 2; 2007, ch. 312, § 4; 2007, ch. 315, § 2.
ANNOTATIONS
2007 Multiple Amendments.
— Laws 2007, ch. 312, § 4 and Laws 2007, ch. 315, § 2 enacted different amendments to this section. Pursuant to 12-1-8 NMSA 1978, Laws 2007, ch. 315, § 2, as the last act signed by the governor, is set out above and incorporates both amendments. The amendments enacted by Laws 2007, ch. 312, § 4 and Laws 2007, ch. 315, § 2 are described below. To view the session laws in their entirety,
see
the 2007 session laws on
NMOneSource.com
.
Laws 2007, ch. 315, § 2, effective June 15, 2007, increased the minimum amount of a state public works project requiring professional services from $25,000 to $50,000 and landscape architectural or surveying services from $5,000 to $10,000.
Laws 2007, ch. 312, § 4, effective July 1, 2007, increased the minimum cost of professional services to $50,000.
The 1993 amendment,
effective June 18, 1993, deleted "highway projects of the state highway and transportation department, or" following "not including" near the beginning and substituted "five thousand dollars ($5,000)" for "fifteen thousand dollars ($15,000)" near the end of the section.
The 1991 amendment,
effective June 14, 1991, substituted "architectural or engineering services requiring professional services costing twenty-five thousand dollars ($25,000) or more, or landscape architectural or surveying services requiring professional services costing fifteen thousand dollars ($15,000) or more" for "architectural, landscape architectural, engineering or surveying services requiring professional services costing fifteen thousand dollars ($15,000) or more."
2023 New Mexico Statutes › Chapter 13 - Public Purchases and Property › Article 1 - Procurement › Section 13-1-94 - Definition; using agency.

"Using agency" means any state agency or local public body requiring services, construction or items of tangible personal property.
History:
Laws 1984, ch. 65, § 67.
ANNOTATIONS
When state fair commission neither "user" nor making "purchase".
— State fair commission need not advertise or invite bids from prospective concessionaires because the commission would not be a "user" of the services provided and because the commission is actually licensing, not expending public funds in a "purchase". 1980 Op. Att'y Gen. No. 80-07.
2023 New Mexico Statutes › Chapter 13 - Public Purchases and Property › Article 1 - Procurement › Section 13-1-95.2 - Chief procurement officers; reporting requirement; training; certification.

A. On or before January 1 of each year beginning in 2014, and every time a chief procurement officer is hired, each state agency and local public body shall provide to the state purchasing agent the name of the state agency's or local public body's chief procurement officer and information identifying the state agency's or local public body's central purchasing office, if applicable.
B. The state purchasing agent shall maintain a list of the names of the chief procurement officers reported to the state purchasing agent by state agencies and local public bodies. The state purchasing agent shall make the list of chief procurement officers available to the public through the web site of the purchasing division of the general services department and in any other appropriate form.
C. The state purchasing agent shall offer a certification training program for chief procurement officers each year.
D. On or before January 1, 2015, the state purchasing agent shall establish a certification program for chief procurement officers that includes initial certification and recertification every two years for all chief procurement officers. In order to be recertified, a chief procurement officer shall pass a recertification examination approved by the secretary of general services.
E. On and after July 1, 2015, only certified chief procurement officers may do the following, except that persons using procurement cards may continue to issue purchase orders and authorize small purchases:
(1) make determinations, including determinations regarding exemptions, pursuant to the Procurement Code;
(2) issue purchase orders and authorize small purchases pursuant to the Procurement Code; and
(3) approve procurement pursuant to the Procurement Code.
History:
Laws 2013, ch. 70, § 3.
ANNOTATIONS
Effective dates.
— Laws 2013, ch. 70, § 8 made Laws 2013, ch. 70, § 3 effective July 1, 2013.
2023 New Mexico Statutes › Chapter 13 - Public Purchases and Property › Article 1 - Procurement › Section 13-1-95.3 - State agency; reporting required; in-state and out-of-state contracts.

All state agencies shall report annually to the purchasing division of the general services department information on the amount of state agency contracts awarded to in-state contractors and the amount awarded to out-of-state contractors.
History:
Laws 2019, ch. 153, § 1.
ANNOTATIONS
Effective dates.
— Laws 2019, ch. 153, § 7 made Laws 2019, ch. 153, § 1 effective July 1, 2019.
2023 New Mexico Statutes › Chapter 13 - Public Purchases and Property › Article 1 - Procurement › Section 13-1-96 - Delegation of authority by the state purchasing agent.

The state purchasing agent may, with the consent of the secretary, delegate such of his authority to subordinates as he deems necessary and appropriate by clearly delineating in writing such delegated authority and the limitations thereto.
History:
Laws 1984, ch. 65, § 69.
2023 New Mexico Statutes › Chapter 13 - Public Purchases and Property › Article 1 - Procurement › Section 13-1-97.1 - Repealed.

History:
Laws 2009, ch. 107, § 1; repealed by Laws 2012, ch. 52, § 1.
ANNOTATIONS
Repeals.
— Laws 2012, ch. 52, § 1 repealed 13-1-97.1 NMSA 1978, as enacted by Laws 2009, ch. 107, § 1, relating to the state contracts database, effective May 16, 2012. For provisions of former section,
see
the 2011 NMSA 1978 on
NMOneSource.com.
2023 New Mexico Statutes › Chapter 13 - Public Purchases and Property › Article 1 - Procurement › Section 13-1-97.2 - Competitive sealed bids and proposals; record maintenance.

A central purchasing office shall maintain, for a minimum of three years, all records relating to the award of a contract through a competitive sealed bid or competitive sealed proposal process.
History:
Laws 2013, ch. 40, § 7.
ANNOTATIONS
Effective dates.
— Laws 2013, ch. 40 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.
2023 New Mexico Statutes › Chapter 13 - Public Purchases and Property › Article 1 - Procurement › Section 13-1-98.1 - Hospital and health care exemption.

The provisions of the Procurement Code shall not apply to procurement of items of tangible personal property or services by a state agency or a local public body through:
A. an agreement with any other state agency, local public body or external procurement unit or any other person, corporation, organization or association that provides that the parties to the agreement shall join together for the purpose of making some or all purchases necessary for the operation of public hospitals or public and private hospitals, if the state purchasing agent or a central purchasing office makes a determination that the arrangement will or is likely to reduce health care costs; or
B. an agreement with any other state agency, local public body or external procurement unit or any other person, corporation, organization or association for the purpose of creating a network of health care providers or jointly operating a common health care service, if the state purchasing agent or a central purchasing office makes a determination that the arrangement will or is likely to reduce health care costs, improve quality of care or improve access to care.
History:
Laws 1998, ch. 69, § 1.
2023 New Mexico Statutes › Chapter 13 - Public Purchases and Property › Article 1 - Procurement › Section 13-1-98.2 - Additional exemptions from the Procurement Code.

The provisions of the Procurement Code do not apply to contracts entered into by a local public body with a person, firm, organization, corporation, association or state educational institution named in Article 12, Section 11 of the constitution of New Mexico for:
A. the operation and maintenance of a hospital pursuant to Chapter 3, Article 44 NMSA 1978;
B. the lease or operation of a county hospital pursuant to the Hospital Funding Act [Chapter 4, Article 48B NMSA 1978] ;
C. the operation and maintenance of a hospital pursuant to the Special Hospital District Act [Chapter 4, Article 48A NMSA 1978]; or
D. the use of county buildings pursuant to Section 4-38-13.1 NMSA 1978.
History:
Laws 2003, ch. 187, § 1; 2009, ch. 155, § 2.
ANNOTATIONS
The 2009 amendment,
effective June 19, 2009, added Subsection D.
2023 New Mexico Statutes › Chapter 13 - Public Purchases and Property › Article 1 - Procurement › Section 13-1-100 - Construction contracts; central purchasing office.

The award and execution of contracts for major construction, including but not limited to roads, bridges, airports, buildings and dams, shall be made by the governing authority of the using agency. The procurement officer responsible for the procurement shall give notice to prospective bidders pursuant to Section 13-1-104 NMSA 1978.
History:
Laws 1984, ch. 65, § 73; 1987, ch. 348, § 3.
ANNOTATIONS
Cross references.
— For public works contracts,
see
13-4-1 NMSA 1978 et seq.
Electrical contract for state correctional facility.
— Former Section 13-1-10 NMSA 1978 did not preclude the department of corrections from using the services of the state construction manager for the purpose of awarding an electrical contract for work at a state correctional facility.
State v. Integon Indem. Corp.
, 1987-NMSC-029, 105 N.M. 611, 735 P.2d 528.
Legislative intent.
— The legislature intended that public construction projects come within the safeguards of the former State Purchasing Act, and be awarded whenever practicable to New Mexico contractors. 1962 Op. Att'y Gen. No. 62-80.
2023 New Mexico Statutes › Chapter 13 - Public Purchases and Property › Article 1 - Procurement › Section 13-1-100.1 - Construction contracts; construction management services.

A. A construction management services contract may be entered into for any construction or state or local public works project when a state agency or local public body makes a determination that it is in the public's interest to utilize construction management services. Construction management services shall not duplicate and are in addition to the normal scope of separate architect or engineer contracts, the need for which may arise due to the complexity or unusual requirements of a project as requested by a state agency or local public body.
B. To insure fair, uniform, clear and effective procedures that will strive for the delivery of a quality project, on time and within budget, the secretary, in conjunction with the appropriate and affected professional associations and contractors, shall promulgate regulations, which shall be adopted by the governing bodies of all using agencies and shall be followed by all using agencies when procuring construction management services as authorized in Subsection A of this section.
C. A state agency shall make the decision on a construction management services contract for a state public works project, and a local public body shall make that decision for a local public works project. A state agency shall not make the decision on a construction management services contract for a local public works project.
History:
1978 Comp., § 13-1-100.1, enacted by Laws 1997, ch. 171, § 3.
2023 New Mexico Statutes › Chapter 13 - Public Purchases and Property › Article 1 - Procurement › Section 13-1-101 - Repealed.

ANNOTATIONS
Repeals.
— Laws 1985, ch. 90, § 1, repealed 13-1-101 NMSA 1978, as enacted by Laws 1984, ch. 65, § 74, relating to ownership disclosure, affidavits, filing requirements and contents, effective April 1, 1985.
2023 New Mexico Statutes › Chapter 13 - Public Purchases and Property › Article 1 - Procurement › Section 13-1-103 - Invitation for bids.

A. An invitation for bids shall be issued and shall include the specifications for the services, construction or items of tangible personal property to be procured, all contractual terms and conditions applicable to the procurement, the location where bids are to be received, the date, time and place of the bid opening and the requirements for complying with any applicable in-state preference provisions as provided by law.
B. If the procurement is to be by sealed bid without electronic submission, the invitation for bids shall include the location where bids are to be received and the date, time and place of the bid opening.
C. If the procurement is to be by sealed bid with part or all of the bid to be submitted electronically, the invitation for bids shall comply with the requirements of Section 13-1-95.1 NMSA 1978.
History:
Laws 1984, ch. 65, § 76; 2006, ch. 23, § 3; 2011 (1st S.S.), ch. 3, § 3.
ANNOTATIONS
The 2011 (1st. S.S.) amendment,
effective October 5, 2011, required that invitations for bids include a statement of the requirements for complying with the applicable resident preference; and in Subsection A, after "place of the bid opening", added the remainder of the sentence.
The 2006 amendment,
effective March 2, 2006, added Subsection B to provide that if the procurement is a bid without electronic submission, the invitation for bids shall include the location where bids are to be received and the date, time and place of bid opening and added Subsection C to provide that if the procurement is to be by bid with part or all of the bid to be submitted electronically, the invitation for bids shall comply with 13-1-95.1 NMSA 1978.
Am. Jur. 2d, A.L.R. and C.J.S. references. —
64 Am. Jur. 2d Public Works and Contracts § 53.
72 Supp. C.J.S. Public Contracts § 11.
2023 New Mexico Statutes › Chapter 13 - Public Purchases and Property › Article 1 - Procurement › Section 13-1-106 - Competitive sealed bids; correction or withdrawal of bids.

A. A bid containing a mistake discovered before bid opening may be modified or withdrawn by a bidder prior to the time set for bid opening by delivering written or telegraphic notice to the location designated in the invitation for bids as the place where bids are to be received. After bid opening, no modifications in bid prices or other provisions of bids shall be permitted. A low bidder alleging a material mistake of fact which makes his bid nonresponsive may be permitted to withdraw its bid if:
(1) the mistake is clearly evident on the face of the bid document; or
(2) the bidder submits evidence which clearly and convincingly demonstrates that a mistake was made.
B. Any decision by a procurement officer to permit or deny the withdrawal of a bid on the basis of a mistake contained therein shall be supported by a determination setting forth the grounds for the decision.
History:
Laws 1984, ch. 65, § 79.
ANNOTATIONS
Section not applicable to executed contracts.
— While this section can prevent modification of bid prices after bid opening, it does not address contracts or contract modification or reformation. Because this section relates to bids and not contracts, it is not applicable and it does not preclude contract reformation based upon mutual mistake discovered after contract formation.
Ballard v. Chavez
, 1994-NMSC-007, 117 N.M. 1, 868 P.2d 646.
Am. Jur. 2d, A.L.R. and C.J.S. references. —
64 Am. Jur. 2d Public Works and Contracts § 80.
Mistake: right of bidder for state or municipal contract to rescind bid on ground that bid was based on his own mistake or that of his employee, 2 A.L.R.4th 991.
72 Supp. C.J.S. Public Contracts § 14.
2023 New Mexico Statutes › Chapter 13 - Public Purchases and Property › Article 1 - Procurement › Section 13-1-107 - Competitive sealed bids; bid opening.

Bids shall be opened publicly in the presence of one or more witnesses at the time and place designated in the invitation for bids. The amount of each bid and each bid item, if appropriate, and such other relevant information as may be specified by the state purchasing agent or a central purchasing office, together with the name of each bidder, shall be recorded, and the record and each bid shall be open to public inspection.
History:
Laws 1984, ch. 65, § 80.
2023 New Mexico Statutes › Chapter 13 - Public Purchases and Property › Article 1 - Procurement › Section 13-1-108 - Competitive sealed bids; award.

A contract solicited by competitive sealed bids shall be awarded with reasonable promptness by written notice to the lowest responsible bidder. Contracts solicited by competitive sealed bids shall require that the bid amount exclude the applicable state gross receipts tax or applicable local option tax but that the contracting agency shall be required to pay the applicable tax including any increase in the applicable tax becoming effective after the date the contract is entered into. The applicable gross receipts tax or applicable local option tax shall be shown as a separate amount on each billing or request for payment made under the contract.
History:
Laws 1984, ch. 65, § 81; 1987, ch. 348, § 5.
ANNOTATIONS
Am. Jur. 2d, A.L.R. and C.J.S. references. —
Low bidder's monetary relief against state or local agency for nonaward of contract, 65 A.L.R.4th 93.
2023 New Mexico Statutes › Chapter 13 - Public Purchases and Property › Article 1 - Procurement › Section 13-1-108.1 - Recompiled.

History:
Laws 2013, ch. 41, § 5.
ANNOTATIONS
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 13-1-109 - Competitive sealed bids; multi-step sealed bidding.

When the state purchasing agent or a central purchasing office makes a determination that it is impractical to initially prepare specifications to support an award based on price, an invitation for bids may be issued requesting the submission of unpriced offers to be followed by an invitation for bids.
History:
Laws 1984, ch. 65, § 82.
2023 New Mexico Statutes › Chapter 13 - Public Purchases and Property › Article 1 - Procurement › Section 13-1-110 - Competitive sealed bids; identical bids.

When competitive sealed bids are used and two or more of the bids submitted are identical in price and are the low bid, the state purchasing agent or a central purchasing office may:
A. award pursuant to the multiple source award provisions of Sections 126 and 127 [13-1-153, 13-1-154 NMSA 1978] of the Procurement Code;
B. award to a resident business if the identical low bids are submitted by a resident business and a nonresident business;
C. award to a resident manufacturer if the identical low bids are submitted by a resident manufacturer and a resident business;
D. award by lottery to one of the identical low bidders; or
E. reject all bids and resolicit bids or proposals for the required services, construction or items of tangible personal property.
History:
Laws 1984, ch. 65, § 83.
2023 New Mexico Statutes › Chapter 13 - Public Purchases and Property › Article 1 - Procurement › Section 13-1-112 - Competitive sealed proposals; request for proposals.

A. Competitive sealed proposals, including competitive sealed qualifications-based proposals, shall be solicited through a request for proposals that shall be issued and shall include:
(1) the specifications for the services or items of tangible personal property to be procured;
(2) all contractual terms and conditions applicable to the procurement;
(3) the form for disclosure of campaign contributions given by prospective contractors to applicable public officials pursuant to Section 13-1-191.1 NMSA 1978;
(4) the location where proposals are to be received and the date, time and place where proposals are to be received and reviewed; and
(5) the requirements for complying with any applicable in-state preference provisions as provided by law.
B. A request for proposals may, pursuant to Section 13-1-95.1 NMSA 1978, require that all or a portion of a responsive proposal be submitted electronically.
C. In the case of requests for competitive qualifications-based proposals, price shall be determined by formal negotiations related to scope of work.
History:
Laws 1984, ch. 65, § 85; 1989, ch. 69, § 8; 2006, ch. 23, § 4; 2007, ch. 234, § 1; 2011 (1st S.S.), ch. 3, § 4.
ANNOTATIONS
The 2011 (1st. S.S.) amendment,
effective October 5, 2011, required that requests for proposals include a statement of the requirements for complying with the applicable resident preference; and added Paragraph (5) of Subsection A.
The 2007 amendment,
effective July 1, 2007, added Paragraph (3) of Subsection A.
The 2006 amendment,
effective March 2, 2006, added the last sentence in Subsection A to provide that a request for proposals may require that all or a portion of the proposal be submitted electronically.
Request is not an offer.
— A request for bids is not an offer; the bidders are making offers when they submit bids. No contract for the procurement occurs until acceptance by the party that solicited bids.
Planning & Design Solutions v. City of Santa Fe
, 1994-NMSC-112, 118 N.M. 707, 885 P.2d 628.
Effect of request for proposals.
— By requesting proposals, the city entered into an implied or informal contract that it would fairly consider each bid in accordance with all applicable statutes.
Planning & Design Solutions v. City of Santa Fe
, 1994-NMSC-112, 118 N.M. 707, 885 P.2d 628.
2023 New Mexico Statutes › Chapter 13 - Public Purchases and Property › Article 1 - Procurement › Section 13-1-113 - Competitive sealed proposals; public notice.

Public notice of the request for proposals shall be given in the same manner as provided in Section 77 [13-1-104 NMSA 1978] of the Procurement Code.
History:
Laws 1984, ch. 65, § 86.
2023 New Mexico Statutes › Chapter 13 - Public Purchases and Property › Article 1 - Procurement › Section 13-1-114 - Competitive sealed proposals; evaluation factors.

The request for proposals shall state the relative weight to be given to the factors in evaluating proposals.
History:
Laws 1984, ch. 65, § 87.
ANNOTATIONS
Evaluation of proposals.
— All the acts in question by the city - introducing a locality requirement after the bids were opened, awarding the contract to the fourth-ranked bidder, and rejecting the proposals after making a contract award - were arbitrary and capricious. Had the city simply rejected all proposals at any point before making an award, this matter would not be before the court.
Planning & Design Solutions v. City of Santa Fe
, 1994-NMSC-112, 118 N.M. 707, 885 P.2d 628.
2023 New Mexico Statutes › Chapter 13 - Public Purchases and Property › Article 1 - Procurement › Section 13-1-115 - Competitive sealed proposals; negotiations.

Offerors submitting proposals may be afforded an opportunity for discussion and revision of proposals. Revisions may be permitted after submissions of proposals and prior to award for the purpose of obtaining best and final offers. Negotiations may be conducted with responsible offerors who submit proposals found to be reasonably likely to be selected for award. This section shall not apply to architects, engineers, landscape architects and surveyors who submit proposals pursuant to Sections 13-1-120 through 13-1-124 NMSA 1978.
History:
Laws 1984, ch. 65, § 88; 1989, ch. 69, § 9.
2023 New Mexico Statutes › Chapter 13 - Public Purchases and Property › Article 1 - Procurement › Section 13-1-116 - Competitive sealed proposals; disclosure; record.

The contents of any proposal shall not be disclosed so as to be available to competing offerors during the negotiation process.
History:
Laws 1984, ch. 65, § 89.
ANNOTATIONS
The Procurement Code prohibits public discussion of proposals from the time of submission of proposals until the award of the contract.
— 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, violated the Procurement Code, because 13-1-116 NMSA 1978's duty of confidentiality applies during the "negotiation process," that is, from the time of submission of proposals until the procuring entity awards a contract. 2020 Op. Ethics Comm'n No. 2020-04.
2023 New Mexico Statutes › Chapter 13 - Public Purchases and Property › Article 1 - Procurement › Section 13-1-117 - Competitive sealed proposals; award.

The award shall be made to the responsible offeror or offerors whose proposal is most advantageous to the state agency or a local public body, taking into consideration the evaluation factors set forth in the request for proposals.
History:
Laws 1984, ch. 65, § 90; 1987, ch. 348, § 6.
ANNOTATIONS
Am. Jur. 2d, A.L.R. and C.J.S. references. —
64 Am. Jur. 2d Public Works and Contracts §§ 40, 42.
72 Supp. C.J.S. Public Contracts §§ 6 to 9.
2023 New Mexico Statutes › Chapter 13 - Public Purchases and Property › Article 1 - Procurement › Section 13-1-117.1 - Procurement of professional services; local public bodies; legislative branch; selection and award.

A. Each agency within the legislative branch of government operating under the provisions of the Procurement Code and each local public body shall adopt regulations regarding its selection and award of professional services contracts.
B. The award shall be made to the responsible offeror or offerors whose proposal is most advantageous to the local public body or legislative agency respectively, taking into consideration the evaluation factors set forth in the request for proposals.
History:
1978 Comp., § 13-1-117.1, enacted by Laws 1987, ch. 348, § 7.
2023 New Mexico Statutes › Chapter 13 - Public Purchases and Property › Article 1 - Procurement › Section 13-1-117.3 - Contracts for the design and installation of measures for the conservation of natural resources.

A state agency or a local public body may solicit competitive sealed proposals for a contract that provides for both the design and installation of measures the primary purpose of which is to conserve natural resources, including guaranteed utility savings contracts entered into pursuant to the Public Facility Energy Efficiency and Water Conservation Act [Chapter 6, Article 23 NMSA 1978].
History:
Laws 2005, ch. 178, § 3.
ANNOTATIONS
Effective dates.
— Laws 2005, ch. 178 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.
2023 New Mexico Statutes › Chapter 13 - Public Purchases and Property › Article 1 - Procurement › Section 13-1-118 - Competitive sealed proposals; professional services contracts; contract review.

All contracts for professional services with state agencies shall be reviewed as to form, legal sufficiency and budget requirements by the general services department if required by the regulations of the department. This section does not apply to contracts entered into by the legislative branch of state government, the judicial branch of state government or the boards of regents of state educational institutions named in Article 12, Section 11 of the constitution of New Mexico.
History:
Laws 1984, ch. 65, § 91; 2019, ch. 153, § 2.
ANNOTATIONS
Cross references.
— For adoption of rules and regulations by secretary of finance and administration,
see
9-6-5 NMSA 1978.
For adoption of rules and regulations by secretary of general services department,
see
9-17-5 NMSA 1978.
The 2019 amendment,
effective July 1, 2019, removed the department of finance and administration from the responsibility of reviewing contracts for professional services with state agencies; after "general services department", deleted "or the department of finance and administration", and after "regulations of", deleted "either or both of the departments" and added "the department".
Temporary provisions.
— Laws 2019, ch. 153, § 6 provided:
A. On the effective date of this act, all personnel, functions, appropriations, money, records, furniture, equipment and other property of, or attributable to, the contracts review bureau of the administrative services division of the department of finance and administration are transferred to the purchasing division of the general services department.
B. On the effective date of this act, all contractual obligations of the contracts review bureau of the administrative services division of the department of finance and administration become binding on the purchasing division of the general services department.
C. On and after the effective date of this act, rules of the department of finance and administration pertaining to the approval of professional services contracts shall be deemed to be the rules of the general services department until amended or repealed by the general services department, and all references in those rules to the department of finance and administration shall be deemed to be references to the general services department.
2023 New Mexico Statutes › Chapter 13 - Public Purchases and Property › Article 1 - Procurement › Section 13-1-119 - Competitive sealed qualifications-based proposals; architects; engineers; landscape architects; surveyors; additional requirements.

In addition to compliance with the requirements of Sections 13-1-112 through 13-1-114 and 13-1-116 through 13-1-118 NMSA 1978, a state agency or local public body, when procuring the services of architects, landscape architects, engineers or surveyors for state public works projects or local public works projects, shall comply with Sections 13-1-120 through 13-1-124 NMSA 1978.
History:
Laws 1984, ch. 65, § 92; 1987, ch. 301, § 1; 1989, ch. 69, § 11.
2023 New Mexico Statutes › Chapter 13 - Public Purchases and Property › Article 1 - Procurement › Section 13-1-119.2 - Design and build procurement for certain transportation projects.

Notwithstanding any prohibition on road and highway construction or reconstruction projects in Section 13-1-119.1 NMSA 1978, the department of transportation may use a design and build project delivery system pursuant to Section 13-1-119.1 NMSA 1978.
History:
Laws 2009, ch. 207, § 1; 2016, ch. 85, § 1; 2016, ch. 86, § 1; 2021, ch. 26, § 1; 2022, ch. 12, § 6.
ANNOTATIONS
The 2022 amendment,
effective July 1, 2022, removed language limiting use of the design and build procurement method to projects with a cost of over fifty million dollars ($50,000,000); and after "Section 13-1-119.1 NMSA 1978", deleted "for projects with a maximum allowable construction cost of more than fifty million dollars ($50,000,000)".
The 2021 amendment,
effective July 1, 2021, removed language limiting use of design and build procurement to federally-funded transportation projects; and after "(50,000,000)", deleted "funded in whole or in part by federal-aid highway funds".
The 2016 amendment,
effective May 18, 2016, allowed the use of design and build project delivery systems for road and highway projects that use federal-aid highway funds; after "funded in whole or in part by", deleted "the grants programs of the federal American Recovery and Reinvestment Act of 2009" and added "federal-aid highway funds".