reglab/statecodes huggingface dataset:
New Mexico Administrative Code › Title 1 - GENERAL GOVERNMENT ADMINISTRATION › Chapter 4 - STATE PROCUREMENT › Part 2 - RESIDENT BUSINESS AND MANUFACTURER PREFERENCES › Section 1.4.2.9 - PREQUALIFICATION

Current through Register Vol. 35, No. 13, July 16, 2024
A. Resident business.
				No business shall be given any preference in the awarding of contracts by a
				state agency or local public body unless the business has prequalified a
				resident business by making application to the state purchasing agent and
				receiving from him a certification number. The procedure for application and
				certification shall be as follows:
(1) the
				state purchasing agent shall prepare an application form for certification as a
				resident business requiring such information and proof as he deems necessary to
				prequalify the applicant under the terms of this rule;
(2) a prospective resident business shall
				complete the application form and submit it to the state purchasing agent prior
				to the awarding of any contract in which the business desires to be given a
				preference;
(3) the state
				purchasing agent shall examine the application and if necessary may seek
				additional information or proof so as to be assured that the applicant is
				indeed entitled to certification as a resident business. If the state
				purchasing agent is so assured, he shall issue the applicant a distinctive
				certification number which is valid until revoked and which, when used on bids
				and other purchasing documents for state agencies or local public bodies,
				entitles the holder of the number to the resident business
				preference.
New Mexico Administrative Code › Title 1 - GENERAL GOVERNMENT ADMINISTRATION › Chapter 4 - STATE PROCUREMENT › Part 2 - RESIDENT BUSINESS AND MANUFACTURER PREFERENCES › Section 1.4.2.10 - REVOCATION OF CERTIFICATION NUMBERS

Current through Register Vol. 35, No. 13, July 16, 2024
A. General. All certification numbers are
				subject to revocation in accordance with this rule. A certification number does
				not establish conclusively that the holder of the number is a resident
				business. Rather, a certification number merely establishes that the state
				purchasing agent believed, as of the date of issuance, the holder was entitled
				to treatment as a resident business by state agencies and local public bodies.
				Whenever a certification number is challenged, the holder of the number has the
				burden of persuasion on the issue of whether the holder is actually a resident
				business.
B. Revocation. A
				certification number shall be revoked by the state purchasing agent upon making
				a determination that the holder of the number no longer qualifies as a resident
				business.
(1) A revocation shall be effective
				immediately and shall apply to all subsequent contract awards. A revocation
				shall not affect any previously awarded contracts, though, in the absence of
				fraud or bad faith.
(2) At any
				time, the state purchasing agent may request information or proof from the
				holder of a certification number as to whether the holder continues to qualify
				as a resident business. If the holder fails to provide any requested
				information or proof, this certification number may be revoked.
New Mexico Administrative Code › Title 1 - GENERAL GOVERNMENT ADMINISTRATION › Chapter 4 - STATE PROCUREMENT › Part 2 - RESIDENT BUSINESS AND MANUFACTURER PREFERENCES › Section 1.4.2.11 - PROTESTS

Current through Register Vol. 35, No. 13, July 16, 2024
A. Right to protest. A
				bidder who is aggrieved in the award of a contract to another bidder, who is
				relying on a resident business or manufacturer preference, may protest to the
				central purchasing office responsible for the procurement in accordance with
				Section
				13-1-172 NMSA
				1978.
B. Resident businesses. If a
				protest presents the issue of whether the holder of a certification number is
				actually a resident business, the central purchasing office responsible for the
				procurement shall refer the issue to the state purchasing agent for resolution
				in accordance with 1 NMAC 5.2 [now 1.4.1 NMAC] or succeeding regulations. If a
				protest governed by Subsection 11.2 [now this subsection - Subsection B of
				1.4.2.11 NMAC]] presents additional issues, the central purchasing office
				responsible for the procurement shall remain responsible for resolution of the
				additional issues.
C. Resident
				manufacturers. If a protest presents the issue of whether a person is entitled
				to a resident manufacturer preference on a particular bid, the central
				purchasing office responsible for the procurement shall resolve the
				protest.
New Mexico Administrative Code › Title 1 - GENERAL GOVERNMENT ADMINISTRATION › Chapter 4 - STATE PROCUREMENT › Part 3 - RESIDENT CONTRACTOR PREFERENCE › Section 1.4.3.2 - SCOPE

Current through Register Vol. 35, No. 13, July 16, 2024
All executive Branch State Agencies.
A. General applicability. This rule applies
				to all public works construction procurements by state agencies and local
				public bodies.
B. Federal funds.
				This rule does not apply to federal aid construction projects or when federal
				funds designated for a specific contract are expended.
New Mexico Administrative Code › Title 1 - GENERAL GOVERNMENT ADMINISTRATION › Chapter 4 - STATE PROCUREMENT › Part 3 - RESIDENT CONTRACTOR PREFERENCE › Section 1.4.3.3 - STATUTORY AUTHORITY

Current through Register Vol. 35, No. 13, July 16, 2024
1978 Comp., Section
				  13-4-2,
				  enacted by Laws 1984, Chapter 66, Section 2, amended by Laws 1988, Chapter 84,
				  Section 3; Laws 1989, Chapter 310, Section 2; Laws 1997, Chapter 2, Section 3;
				  Laws 2001, Chapter 174, Section 1.
New Mexico Administrative Code › Title 1 - GENERAL GOVERNMENT ADMINISTRATION › Chapter 4 - STATE PROCUREMENT › Part 3 - RESIDENT CONTRACTOR PREFERENCE › Section 1.4.3.6 - OBJECTIVE

Current through Register Vol. 35, No. 13, July 16, 2024
Section
				  13-4-1
				  NMSA 1978 is titled "Public Works Contracts" and states in relevant part that,
				  "it is the duty of every office department, institution, board, commission or
				  other governing body or officer thereof of this state or of any political
				  subdivision thereof to award all contracts for the construction of public works
				  or for the repair, reconstruction, including highway reconstruction, demolition
				  or alteration thereof, to a resident contractor whenever practicable. The
				  objective of this rule is to establish a process for a contractor to attain
				  certification as a "resident contractor".
New Mexico Administrative Code › Title 1 - GENERAL GOVERNMENT ADMINISTRATION › Chapter 4 - STATE PROCUREMENT › Part 3 - RESIDENT CONTRACTOR PREFERENCE › Section 1.4.3.7 - DEFINITIONS

Current through Register Vol. 35, No. 13, July 16, 2024
A. "Affiliate" means an
				entity that directly or indirectly through one or more intermediaries controls,
				is controlled by or is under common control with a telecommunications company
				through ownership of voting securities representing a majority of the total
				voting power of that entity.
B.
				"Individual citizen" means a citizen of New Mexico who is an actual human
				person, as opposed to a corporate person or other legal entity.
C. "Principal office" means the headquarters
				of a business or the place where the principal affairs of a business are
				transacted. A business can have only one principal office.
D. "Principal place of business" means the
				place in which a business:
(1) earns the
				largest percentage of its revenues;
(2) owns the largest percentage of its
				capital assets; and
(3) employs the
				largest percentage of its full-time equivalent employees. A business can have
				only one principal place of business.
New Mexico Administrative Code › Title 1 - GENERAL GOVERNMENT ADMINISTRATION › Chapter 4 - STATE PROCUREMENT › Part 3 - RESIDENT CONTRACTOR PREFERENCE › Section 1.4.3.8 - APPLICATION OF PREFERENCES

Current through Register Vol. 35, No. 13, July 16, 2024
A. Bids
				from nonresident contractors and resident contractors. When bids are received
				only from nonresident contractors and resident contractors and the lowest
				responsible bid is from a nonresident contractor, the contract shall be awarded
				to the resident contractor whose bid is nearest to the bid price of the
				otherwise low nonresident contractor if the bid price of the resident
				contractor is made lower than the bid price of the nonresident contractor when
				multiplied by a factor of 0.95. Any contract executed in violation of this
				subSection shall be void and of no effect.
B. Resident business and resident
				manufacturer preferences inapplicable. The resident contractor preference is
				the only bidding preference that applies to the awarding of public works
				construction contracts. The resident business preference and the resident
				manufacturer preference shall not be considered in the awarding of such
				contracts under any circumstances.
New Mexico Administrative Code › Title 1 - GENERAL GOVERNMENT ADMINISTRATION › Chapter 4 - STATE PROCUREMENT › Part 3 - RESIDENT CONTRACTOR PREFERENCE › Section 1.4.3.9 - PREQUALIFICATION

Current through Register Vol. 35, No. 13, July 16, 2024
A. Prequalification
				required. No contractor shall be treated as a resident contractor in the
				awarding of public works by a state agency or local public body unless the
				contractor has prequalified as a resident contractor by making application to
				the state purchasing agent and receiving from him a certification
				number.
B. Procedure. The
				prequalification procedure shall be as follows:
(1) the state purchasing agent shall prepare
				an application form for certification as a resident contractor requiring such
				information and proof as he deems necessary to prequalify the applicant under
				the terms of this rule;
(2) a
				prospective resident contractor shall complete the application form and submit
				it to the state purchasing agent prior to the submission of a bid on which the
				contractor desires to be given a preference;
(3) the state purchasing agent shall examine
				the application and if necessary may seek additional information or proof so as
				to be assured that the applicant is indeed entitled to certification as a
				resident contractor. If the state purchasing agent is so assured, he shall
				issue the applicant a distinctive certification number which is valid until
				revoked and which, when used on bids and other purchasing documents for state
				agencies or local public bodies, entitles the holder of the number to treatment
				as a resident contractor under Section 1.4.3.8 of this rule.
New Mexico Administrative Code › Title 1 - GENERAL GOVERNMENT ADMINISTRATION › Chapter 4 - STATE PROCUREMENT › Part 3 - RESIDENT CONTRACTOR PREFERENCE › Section 1.4.3.10 - REVOCATION OF CERTIFICATION NUMBERS

Current through Register Vol. 35, No. 13, July 16, 2024
A. General. All certification numbers are
				subject to revocation in accordance with this rule. A certification number does
				not establish conclusively that the holder of the number is a resident
				contractor. Rather, a certification number merely establishes that the state
				purchasing agent believed, as of the date of issuance, the holder was entitled
				to treatment as a resident contractor by state agencies and local public
				bodies. Whenever a certification number is challenged, the holder of the number
				has the burden of persuasion on the issue of whether the holder is actually a
				resident contractor.
B. Revocation.
				A certification number shall be revoked by the state purchasing agent upon
				making a determination that the holder of the number no longer qualifies as a
				resident contractor.
(1) a revocation shall
				be effective immediately and shall apply to all subsequent contract awards. A
				revocation shall not affect any previously-awarded contracts, through, in the
				absence of fraud or bad faith.
(2)
				at any time, the state purchasing agent may request information or proof from
				the holder of a certification number as to whether the holder continues to
				qualify as a resident contractor. If the holder fails to provide any requested
				information or proof, his certification number may be revoked.
New Mexico Administrative Code › Title 1 - GENERAL GOVERNMENT ADMINISTRATION › Chapter 4 - STATE PROCUREMENT › Part 3 - RESIDENT CONTRACTOR PREFERENCE › Section 1.4.3.11 - PROTESTS

Current through Register Vol. 35, No. 13, July 16, 2024
A. Right to protest. A
				bidder who is aggrieved in the award of a contract to another bidder, who is
				relying on the resident contractor preference, may protest to the central
				purchasing office responsible for the procurement in accordance with Section
				13-1-172 NMSA
				1978.
B. Resident businesses and
				resident contractors. If a protest presents the issue of whether the holder of
				a certification number is actually a resident contractor, the central
				purchasing office responsible for the procurement shall refer the issue to the
				state purchasing agent for resolution in accordance with Procurement Code Rule
				1.4.1 NMAC or succeeding rules.
C.
				If a protest governed by SubSection B of this Section presents additional
				issues, the central purchasing office responsible for the procurement shall
				remain responsible for resolution of the additional issues.
New Mexico Administrative Code › Title 1 - GENERAL GOVERNMENT ADMINISTRATION › Chapter 4 - STATE PROCUREMENT › Part 4 - GOVERNMENTAL ADVERTISING RATES › Section 1.4.4.2 - SCOPE

Current through Register Vol. 35, No. 13, July 16, 2024
All legal notices or advertisements that a governmental
				  entity is required by law, or by the order of any court of record in this
				  state, to publish in newspapers.
New Mexico Administrative Code › Title 1 - GENERAL GOVERNMENT ADMINISTRATION › Chapter 4 - STATE PROCUREMENT › Part 4 - GOVERNMENTAL ADVERTISING RATES › Section 1.4.4.3 - STATUTORY AUTHORITY

Current through Register Vol. 35, No. 13, July 16, 2024
Section
				  14-11-7
				  NMSA 1978 was amended by Laws of 1993, Chapter 25, to legalize all notices or
				  advertisements that a governmental entity is required by law, or by the order
				  of any court of record in this state, to publish in
				  newspapers.
New Mexico Administrative Code › Title 1 - GENERAL GOVERNMENT ADMINISTRATION › Chapter 4 - STATE PROCUREMENT › Part 4 - GOVERNMENTAL ADVERTISING RATES › Section 1.4.4.6 - OBJECTIVE

Current through Register Vol. 35, No. 13, July 16, 2024
The rule authorizes the general services department to
				  establish a reasonable rate or rates to be paid to newspaper publishers for
				  publication.
New Mexico Administrative Code › Title 1 - GENERAL GOVERNMENT ADMINISTRATION › Chapter 4 - STATE PROCUREMENT › Part 4 - GOVERNMENTAL ADVERTISING RATES › Section 1.4.4.8 - PURPOSE

Current through Register Vol. 35, No. 13, July 16, 2024
This rule implements the mandated requirements of Section
				  14-11-7
				  NMSA 1978, as amended, and as outlined in
				  1.4.4.3 NMAC
				  of this rule, the newspaper publisher is entitled to receive no more
				  than:
A. $.68 cents ($.68) for each
				column line of eight point or smaller type for the first insertion;
				and
B. $.52 cents ($.52) per line
				of each subsequent insertion;
C.
				all emblems, display headings, rule work and necessary blank spaces shall be
				calculated as solid type and shall be counted and paid for as such.
New Mexico Administrative Code › Title 1 - GENERAL GOVERNMENT ADMINISTRATION › Chapter 4 - STATE PROCUREMENT › Part 4 - GOVERNMENTAL ADVERTISING RATES › Section 1.4.4.9 - RATE REVIEW

Current through Register Vol. 35, No. 13, July 16, 2024
For the purpose of addressing changes in economic conditions
				  within the newspaper industry, as well as the general economy and inflation,
				  the rate or rates set forth in
				  1.4.4.3 NMAC
				  of this rule shall be reviewed annually by the secretary of the general
				  services department. If necessary, the rate or rates shall be adjusted annually
				  to reflect and maintain a current and reasonable rate to be paid to newspaper
				  publishers.
New Mexico Administrative Code › Title 1 - GENERAL GOVERNMENT ADMINISTRATION › Chapter 4 - STATE PROCUREMENT › Part 7 - SUSPENSION OR DEBARMENT OF BIDDERS, OFFERORS OR CONTRACTORS › Section 1.4.7.1 - ISSUING AGENCY

Current through Register Vol. 35, No. 13, July 16, 2024
General Services Department - State Purchasing
				  Division.
New Mexico Administrative Code › Title 1 - GENERAL GOVERNMENT ADMINISTRATION › Chapter 4 - STATE PROCUREMENT › Part 7 - SUSPENSION OR DEBARMENT OF BIDDERS, OFFERORS OR CONTRACTORS › Section 1.4.7.2 - SCOPE

Current through Register Vol. 35, No. 13, July 16, 2024
Applicability. This regulation affects all user agencies
				  procuring contracts, other than professional services, through the state
				  purchasing agent, all contractors obtaining or attempting to obtain contracts
				  through the state purchasing agent and all suspensions or debarments by the
				  secretary of contractors from consideration for award of
				  contracts.
New Mexico Administrative Code › Title 1 - GENERAL GOVERNMENT ADMINISTRATION › Chapter 4 - STATE PROCUREMENT › Part 7 - SUSPENSION OR DEBARMENT OF BIDDERS, OFFERORS OR CONTRACTORS › Section 1.4.7.3 - STATUTORY AUTHORITY

Current through Register Vol. 35, No. 13, July 16, 2024
This regulation is based on
				  13-1-177
				  through
				  13-1-180
				  NMSA 1978.
New Mexico Administrative Code › Title 1 - GENERAL GOVERNMENT ADMINISTRATION › Chapter 4 - STATE PROCUREMENT › Part 7 - SUSPENSION OR DEBARMENT OF BIDDERS, OFFERORS OR CONTRACTORS › Section 1.4.7.5 - EFFECTIVE DATE

Current through Register Vol. 35, No. 13, July 16, 2024
August 30, 2013, unless a later date is cited at the end of a
				  section.
New Mexico Administrative Code › Title 1 - GENERAL GOVERNMENT ADMINISTRATION › Chapter 4 - STATE PROCUREMENT › Part 7 - SUSPENSION OR DEBARMENT OF BIDDERS, OFFERORS OR CONTRACTORS › Section 1.4.7.6 - OBJECTIVE

Current through Register Vol. 35, No. 13, July 16, 2024
Purpose. The purpose of this regulation is to protect the
				  state from risks associated with awarding contracts to persons having exhibited
				  an inability or unwillingness to perform faithfully contracts awarded to them
				  by the state; and protect substantial state interests and the integrity of the
				  state's procurement process by establishing a procedure whereby persons
				  determined to have displayed improper conduct can be suspended or debarred from
				  doing business with the state. It is not the purpose of the regulation to
				  impose punishment upon persons for any acts or omissions. There shall be no
				  suspension, debarment, or discrimination of any kind against any person because
				  that person has complained or protested, formally or informally, the state's
				  procurement processes or decisions.
New Mexico Administrative Code › Title 1 - GENERAL GOVERNMENT ADMINISTRATION › Chapter 4 - STATE PROCUREMENT › Part 7 - SUSPENSION OR DEBARMENT OF BIDDERS, OFFERORS OR CONTRACTORS › Section 1.4.7.8 - POLICY

Current through Register Vol. 35, No. 13, July 16, 2024
The policy of this regulation is to provide reasonable notice
				  and require a fair hearing prior to any debarment of any contractor from
				  consideration for award of contracts.
New Mexico Administrative Code › Title 1 - GENERAL GOVERNMENT ADMINISTRATION › Chapter 4 - STATE PROCUREMENT › Part 7 - SUSPENSION OR DEBARMENT OF BIDDERS, OFFERORS OR CONTRACTORS › Section 1.4.7.9 - DEBARMENT OR SUSPENSION - PROCEDURES

Current through Register Vol. 35, No. 13, July 16, 2024
A. Initiation: The state purchasing agent or
				a central 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
				the following rules. The state purchasing agent and user agency and all
				employees thereof are not parties to the proceedings, but shall be participants
				as set forth in Subsection D of 1.4.7.7 NMAC.
B. Debarment procedures.
(1) Notice to the contractor: The state
				purchasing agent or his designee shall cause written notice of the proposed
				debarment to be sent by certified mail, return receipt requested, to the
				contractor. The notice shall contain the following statements:
(a) the action contemplated is for
				debarment;
(b) the maximum time
				period of the debarment is three years (also give the recommended maximum time
				of debarment, if less than three years);
(c) the reasons for the action, which shall
				include a summary of the contractor's conduct to which the action relates and a
				listing of any contracts related to such conduct;
(d) the action is brought pursuant to the
				provisions contained in
				13-1-177
				through
				13-1-180
				NMSA 1978 and the regulations promulgated thereunder;
(e) sufficient facts exist, unless rebutted,
				to support the proposed debarment and that the GSD secretary shall proceed to
				debar unless contractor requests, in writing, a hearing within 15 consecutive
				calendar days from the day contractor receives the notice of the proposed
				action;
(f) the address where
				contractor's request for hearing shall be sent, and the name of the person to
				whom the request shall be sent; and
(g) the contractor may be represented
				throughout the proceeding by an attorney licensed to practice law in the state
				of New Mexico.
New Mexico Administrative Code › Title 1 - GENERAL GOVERNMENT ADMINISTRATION › Chapter 4 - STATE PROCUREMENT › Part 7 - SUSPENSION OR DEBARMENT OF BIDDERS, OFFERORS OR CONTRACTORS › Section 1.4.7.10 - CONTINUATION OF CURRENT CONTRACTS - RESTRICTIONS ON SUBCONTRACTING

Current through Register Vol. 35, No. 13, July 16, 2024
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.
New Mexico Administrative Code › Title 1 - GENERAL GOVERNMENT ADMINISTRATION › Chapter 4 - STATE PROCUREMENT › Part 8 - USE OF COMPETITIVE SEALED PROPOSALS FOR CONSTRUCTION AND FACILITY MAINTENANCE, SERVICES AND REPAIRS › Section 1.4.8.1 - ISSUING AGENCY

Current through Register Vol. 35, No. 13, July 16, 2024
General Services Department State Purchasing
				  Division.
New Mexico Administrative Code › Title 1 - GENERAL GOVERNMENT ADMINISTRATION › Chapter 4 - STATE PROCUREMENT › Part 8 - USE OF COMPETITIVE SEALED PROPOSALS FOR CONSTRUCTION AND FACILITY MAINTENANCE, SERVICES AND REPAIRS › Section 1.4.8.3 - STATUTORY AUTHORITY

Current through Register Vol. 35, No. 13, July 16, 2024
Sections
				  13-1-67,
				  13-1-111
				  NMSA (2003 Amendments).
New Mexico Administrative Code › Title 1 - GENERAL GOVERNMENT ADMINISTRATION › Chapter 4 - STATE PROCUREMENT › Part 8 - USE OF COMPETITIVE SEALED PROPOSALS FOR CONSTRUCTION AND FACILITY MAINTENANCE, SERVICES AND REPAIRS › Section 1.4.8.5 - EFFECTIVE DATE

Current through Register Vol. 35, No. 13, July 16, 2024
September 30, 2005, unless a later date is cited at the end
				  of a section.
New Mexico Administrative Code › Title 1 - GENERAL GOVERNMENT ADMINISTRATION › Chapter 4 - STATE PROCUREMENT › Part 8 - USE OF COMPETITIVE SEALED PROPOSALS FOR CONSTRUCTION AND FACILITY MAINTENANCE, SERVICES AND REPAIRS › Section 1.4.8.6 - OBJECTIVE

Current through Register Vol. 35, No. 13, July 16, 2024
The purpose of this rule is to establish uniform procedures
				  for the use of competitive sealed proposals that will promote the delivery of
				  high quality projects in a timely, safe and cost-effective
				  manner.
New Mexico Administrative Code › Title 1 - GENERAL GOVERNMENT ADMINISTRATION › Chapter 4 - STATE PROCUREMENT › Part 8 - USE OF COMPETITIVE SEALED PROPOSALS FOR CONSTRUCTION AND FACILITY MAINTENANCE, SERVICES AND REPAIRS › Section 1.4.8.7 - DEFINITIONS

Current through Register Vol. 35, No. 13, July 16, 2024
Most of the terms in this rule are defined in the Procurement
				  Code and prior Procurement Code regulations. In 1.4.8 NMAC, the following
				  definitions apply:
A. "firm" means the
				company or other business entity referenced under 1.4.8 NMAC for the purpose of
				identifying, individually or collectively: a general contractor, a prime
				contractor or a subcontractor, of any tier, whether basic trade subcontractor,
				specialty subcontractor or other;
B. "pre listed subcontractors" means the
				subcontractors, of any tier, that the offeror is required to list, pursuant
				to1.4.8.13 NMAC of 1.4.8 NMAC, at the time it submits a proposal in response to
				a request for proposals;
C.
				"reckless" shall mean the submission or omission of a false or misleading
				material fact in connection with a request for proposals under 1.4.8 NMAC that
				the submitting firm and/or person knew or should have known was false or
				misleading;
D. "RFP" means requests
				for proposals;
E. "RFP documents"
				means any one or combination of the following request for proposal documents:
				technical proposal; price proposal; contractor qualification statement;
				subcontractor qualification statement.
New Mexico Administrative Code › Title 1 - GENERAL GOVERNMENT ADMINISTRATION › Chapter 4 - STATE PROCUREMENT › Part 8 - USE OF COMPETITIVE SEALED PROPOSALS FOR CONSTRUCTION AND FACILITY MAINTENANCE, SERVICES AND REPAIRS › Section 1.4.8.8 - APPLICATION (COMPETITIVE SEALED PROPOSAL PROCEDURES FOR CONSTRUCTION AND FACILITY MAINTENANCE, SERVICE AND REPAIRS 1.4.8.1 -1.4.8.17 NMAC)

Current through Register Vol. 35, No. 13, July 16, 2024
A. General. The
				provisions of 1.4.8.1 NMAC through 1.4.8.17 NMAC set forth specific procedures
				that shall apply to all procurements made by competitive sealed proposals for
				construction and facility maintenance, service and repair.
B. The regulations applicable to the use of
				competitive sealed proposals pursuant to 1.4.1.29 NMAC through 1.4.1.47 NMAC,
				as well other existing rules applicable to competitive sealed proposals and
				procurement generally, e.g., 1.4.1.65 NMAC through 1.4.1.92 NMAC, shall apply
				to procurements made by competitive sealed proposals for construction and
				facility maintenance, service and repair to the extent they do not conflict
				with the provisions of 1.4.8 NMAC.
C. A state agency with rule making authority
				may adopt its own regulations to supplement the provisions of 1.4.8 NMAC,
				provided that such regulations meet the requirements of 1.4.8 NMAC, do not
				otherwise conflict with 1.4.8 NMAC and the state agency receives prior written
				authorization from the general services department secretary.
New Mexico Administrative Code › Title 1 - GENERAL GOVERNMENT ADMINISTRATION › Chapter 4 - STATE PROCUREMENT › Part 8 - USE OF COMPETITIVE SEALED PROPOSALS FOR CONSTRUCTION AND FACILITY MAINTENANCE, SERVICES AND REPAIRS › Section 1.4.8.9 - GENERAL DISCUSSION

Current through Register Vol. 35, No. 13, July 16, 2024
The RFP competitive sealed proposal process is authorized to
				  give using agencies flexibility to achieve the best overall value from a
				  procurement contract. This is accomplished by permitting consideration of
				  certain contractor qualification and performance factors that add value to a
				  procurement contract, such as contractor past performance, technical expertise
				  and experience, management capabilities and resources, subcontractor teams and
				  craft personnel resources. It can also be achieved by permitting consideration
				  of other technical or non-price factors that add value to a procurement
				  contract, including schedule or contract warranty. Due to the inherently
				  complex nature of most construction contracts and contracts for facility
				  maintenance, service and repairs, the procurement of these services can often
				  be accomplished more effectively through competitive sealed proposals, rather
				  than competitive sealed bids, since the latter process essentially makes price
				  the sole determining factor. When the competitive sealed proposal process is
				  used, however, it is critical that appropriate procedures, criteria and
				  information-gathering techniques be utilized to ensure that the RFP process
				  works efficiently and fairly and achieves optimal results. The following
				  sections are designed to assist using agencies in meeting these
				  goals.
New Mexico Administrative Code › Title 1 - GENERAL GOVERNMENT ADMINISTRATION › Chapter 4 - STATE PROCUREMENT › Part 8 - USE OF COMPETITIVE SEALED PROPOSALS FOR CONSTRUCTION AND FACILITY MAINTENANCE, SERVICES AND REPAIRS › Section 1.4.8.10 - RFP PLANNING PROCEDURES

Current through Register Vol. 35, No. 13, July 16, 2024
A.
				Information required in RFPs. In addition to the information specified in
				1.4.1.29 NMAC through 1.4.1.47 NMAC, or otherwise required by 1.4.8 NMAC, an
				RFP issued pursuant to 1.4.8 NMAC shall include:
(1) the core evaluation factors specified in
				Subsection A of 1.4.8.15 NMAC;
(2)
				additional evaluation factors, if applicable, as provided by Subsection B. of
				1.4.8.15. NMAC, and;
(3) the
				numerical weight or points assigned to price and each of the technical
				evaluation factors specified in the RFP in accordance with the requirements of
				1.4.8.14 NMAC.
New Mexico Administrative Code › Title 1 - GENERAL GOVERNMENT ADMINISTRATION › Chapter 4 - STATE PROCUREMENT › Part 8 - USE OF COMPETITIVE SEALED PROPOSALS FOR CONSTRUCTION AND FACILITY MAINTENANCE, SERVICES AND REPAIRS › Section 1.4.8.11 - PUBLIC NOTICE

Current through Register Vol. 35, No. 13, July 16, 2024
Procurements by the state purchasing agent. The state
				  purchasing agent shall give public notice of the RFP in the same manner as
				  provided in
				  1.4.1.17
				  NMAC.
New Mexico Administrative Code › Title 1 - GENERAL GOVERNMENT ADMINISTRATION › Chapter 4 - STATE PROCUREMENT › Part 8 - USE OF COMPETITIVE SEALED PROPOSALS FOR CONSTRUCTION AND FACILITY MAINTENANCE, SERVICES AND REPAIRS › Section 1.4.8.13 - PROCEDURES REGARDING SUBCONTRACTORS

Current through Register Vol. 35, No. 13, July 16, 2024
A. Evaluation of subcontractors. To ensure
				that an RFP secures the best value from a procurement contract, the role and
				impact of subcontractors proposed for a project may be evaluated in accordance
				with the requirements of 1.4.8.13 for any project in which subcontractors are
				used.
B. Objective of subcontractor
				evaluation. The objective of subcontractor evaluation is to identify the
				general/subcontractor team or prime contractor/subcontractor team that offers
				the most advantageous proposal and best overall value to the using agency. The
				qualifications and performance capabilities of subcontractors may be evaluated
				in conjunction with and in relation to the evaluation of the technical proposal
				of the offeror/general contractor, construction management firm or other prime
				contractor as specified in Paragraph (2) of Subsection B of 1.4.8.16
				NMAC.
C. Subcontractor listing
				threshold. In preparing an RFP subject to this rule, the using agency shall
				prepare a subcontractor listing threshold, which shall establish a dollar
				threshold, stipulated in the RFP, above which subcontractors must be listed.
				All activities and issues concerning the listing of subcontractors in this
				regard shall be governed by the Subcontractor's Fair Practices Act NMSA
				13-4-31,
				et. seq. and applicable regulations issued thereunder.
D. Subcontractor listing amount. The
				subcontractor listing threshold included in RFPs shall be five thousand dollars
				($5,000) or one-half of one percent of the architect's or engineer's estimate
				of the total project cost, including alternatives, whichever is
				greater.
E. When submitting a
				proposal in response to an RFP issued pursuant to this rule, the offeror shall
				provide a list of all subcontractors that will perform work on the project
				above the subcontractor listing threshold. For each such prelisted contractor,
				the offeror shall include in its proposal the following information:
(1) the name of subcontractor that will
				perform work or labor or render service on the project identified in the RFP
				and the city or county of its principal place of business; and
(2) the category of the work that will be
				done by each subcontractor; only one subcontractor may be listed for each
				category of work as defined by the offeror in its proposal.
New Mexico Administrative Code › Title 1 - GENERAL GOVERNMENT ADMINISTRATION › Chapter 4 - STATE PROCUREMENT › Part 8 - USE OF COMPETITIVE SEALED PROPOSALS FOR CONSTRUCTION AND FACILITY MAINTENANCE, SERVICES AND REPAIRS › Section 1.4.8.14 - WEIGHT ASSIGNED TO PRICE AND RFP EVALUATION FACTORS

Current through Register Vol. 35, No. 13, July 16, 2024
A. Numerical ratings systems. Numerical
				ratings systems are required for procurements under 1.4.8 Use of Competitive
				Sealed Proposals for Construction and Facility Maintenance, Services and
				Repairs and shall comply with the requirements of 1.4.8.14 NMAC.
B. Total available points. The RFP shall
				specify the total points available for the procurement (for example, 1,000
				total points for all price and non-price technical evaluation factors) and
				shall assign specific numerical weights or points to price and to each of the
				non-price evaluation factors identified in the RFP.
C. Numerical weight for price. The numerical
				weight assigned to price shall be no greater than seventy (70) percent of the
				total evaluation points available.
D. Numerical weight for core evaluation
				factors. The numerical weight assigned to the non-price evaluation factors
				shall be as follows:
(1) each of the four core
				evaluation factors specified in Subsection A of 1.4.8.15 NMAC shall be assigned
				at least twenty (20) percent of the available points for non-price technical
				evaluation factors;
(2) the weight
				assigned to any additional evaluation factors shall be determined by the using
				agency in accordance with the needs of the agency and the project.
New Mexico Administrative Code › Title 1 - GENERAL GOVERNMENT ADMINISTRATION › Chapter 4 - STATE PROCUREMENT › Part 8 - USE OF COMPETITIVE SEALED PROPOSALS FOR CONSTRUCTION AND FACILITY MAINTENANCE, SERVICES AND REPAIRS › Section 1.4.8.15 - RFP EVALUATION FACTORS

Current through Register Vol. 35, No. 13, July 16, 2024
A. Core evaluation factors. Each RFP issued
				pursuant to 1.4.8 NMAC shall include the following core evaluation factors, for
				both general and subcontractors for which qualification statements are
				required, with the sub-factors and criteria specified herein:
(1) Past performance:
(a) budget and schedule data;
(b) if available, performance quality and
				overall customer satisfaction;
(c)
				compliance with applicable laws and regulations;
(d) safety performance record.
New Mexico Administrative Code › Title 1 - GENERAL GOVERNMENT ADMINISTRATION › Chapter 4 - STATE PROCUREMENT › Part 8 - USE OF COMPETITIVE SEALED PROPOSALS FOR CONSTRUCTION AND FACILITY MAINTENANCE, SERVICES AND REPAIRS › Section 1.4.8.16 - EVALUATION OF PROPOSALS

Current through Register Vol. 35, No. 13, July 16, 2024
A.
				Evaluation Committee ("EC"). Proposals submitted in response to RFPs issued
				under this regulation shall be evaluated by an evaluation committee ("EC") of
				at least three persons appointed by the procuring agency's management. The team
				should collectively possess expertise in the technical requirements of the
				project, construction design and contracting. A using agency may use
				independent consultants or agents to support source selection teams, provided
				appropriate precautions are taken to avoid potential conflicts of
				interest.
B. Scoring technical
				proposals. General procedures regarding technical proposal evaluation.
(1) When rating the technical proposals, the
				EC shall consider only the evaluation factors stated in the RFP.
(2) The EC may consider any relevant
				information or data, from any reliable source, relating to the RFP evaluation
				factors and the firm's ability to successfully perform the project. Such
				information may be obtained from the firm itself, prior customers of the firm,
				commercial and public databases and other reliable sources.
New Mexico Administrative Code › Title 1 - GENERAL GOVERNMENT ADMINISTRATION › Chapter 4 - STATE PROCUREMENT › Part 8 - USE OF COMPETITIVE SEALED PROPOSALS FOR CONSTRUCTION AND FACILITY MAINTENANCE, SERVICES AND REPAIRS › Section 1.4.8.17 - RESIDENT PREFERENCE

Current through Register Vol. 35, No. 13, July 16, 2024
To effectuate the requirements of the state's resident
				  contractor preference laws,
				  13-4-1
				  NMSA, et. seq., final cost scores of proposals under 1.4.8 NMAC shall be
				  modified.
New Mexico Administrative Code › Title 1 - GENERAL GOVERNMENT ADMINISTRATION › Chapter 4 - STATE PROCUREMENT › Part 9 - ELECTRONIC SIGNATURES › Section 1.4.9.2 - SCOPE

Current through Register Vol. 35, No. 13, July 16, 2024
This rule applies to the use of electronic media, including
				  electronic signatures for the execution of contracts and amendments or change
				  orders, thereto, in the award process of procurements by state agencies and
				  local public bodies subject to Sections
				  13-1-28
				  through
				  13-1-199
				  NMSA 1978 ("Procurement Code").
New Mexico Administrative Code › Title 1 - GENERAL GOVERNMENT ADMINISTRATION › Chapter 4 - STATE PROCUREMENT › Part 9 - ELECTRONIC SIGNATURES › Section 1.4.9.3 - STATUTORY AUTHORITY

Current through Register Vol. 35, No. 13, July 16, 2024
Procurement Code, Sections
				  13-1-28
				  through
				  13-1-199
				  NMSA 1978; Uniform Electronic Transactions Act, Section
				  14-16-1 et seq. NMSA
				  1978.
New Mexico Administrative Code › Title 1 - GENERAL GOVERNMENT ADMINISTRATION › Chapter 4 - STATE PROCUREMENT › Part 9 - ELECTRONIC SIGNATURES › Section 1.4.9.6 - OBJECTIVE

Current through Register Vol. 35, No. 13, July 16, 2024
This rule establishes uniform procedures and defines levels
				  of signature authority for the state purchasing agent (and central purchasing
				  offices when not excluded from purchasing through the state purchasing agent)
				  and local public bodies to use electronic signatures for conducting
				  procurements through the award process.
New Mexico Administrative Code › Title 1 - GENERAL GOVERNMENT ADMINISTRATION › Chapter 4 - STATE PROCUREMENT › Part 9 - ELECTRONIC SIGNATURES › Section 1.4.9.7 - DEFINITIONS

Current through Register Vol. 35, No. 13, July 16, 2024
For purposes of this part, all terms defined in the Uniform
				  Electronic Transactions Act, Section
				  14-16-1 et seq. NMSA 1978 have the
				  meaning set forth in statute. Additionally, the following terms shall have the
				  following meanings:
A.
Definitions beginning with the letter "A":
(1)
"Agency"
means the state of
				New Mexico or any of its branches, agencies, departments, boards,
				instrumentalities, or institutions.
(2)
"Agency head"
means the
				individual, or their proper designee, statutorily authorized to bind the
				state.
(3)
"Award
				process"
means when the final individual or their proper designee signs
				a document that statutorily binds the entity including the state or local
				public body to any contract, amendment or change order when performing
				procurements subject to the Procurement Code.
(4)
"Authenticate"
refer to
				Electronic Authentication of Documents Act, Subsection A of Section
				14-15-3
				NMSA 1978.
New Mexico Administrative Code › Title 1 - GENERAL GOVERNMENT ADMINISTRATION › Chapter 4 - STATE PROCUREMENT › Part 9 - ELECTRONIC SIGNATURES › Section 1.4.9.8 - ELECTRONIC SIGNATURE WORKFLOW PROCESS FOR CONTRACTS AWARDED AND CONTRACT AMENDMENTS

Current through Register Vol. 35, No. 13, July 16, 2024
The electronic signature workflow process for procurements,
				  contracts awarded, change orders and contract amendments that are initiated and
				  executed by any agency is as follows:
A. Signed by the contractor, with moderate
				security, and shall be considered final and binding as to the terms of
				contract.
B. Signed by any tax and
				revenue employee, with low security, and shall be considered to confirm the CRS
				number status of the contractor.
C.
				Signed by the agency (or agencies') head(s), if required by the state
				purchasing agent, with moderate security, and shall be considered final and
				binding as to the agency or agencies.
D. Signed by chief legal counsel for the
				agency, with high security, and shall be considered to have been reviewed and
				approved for execution.
E. Signed
				by the state purchasing agent, with high security, and shall be considered
				final and binding as to the terms of the contract or, for professional
				services, signed by the contracts review bureau of the department of finance,
				as designated by the department of finance cabinet secretary, with high
				security, and shall be considered final and binding as to the terms of the
				contract.
New Mexico Administrative Code › Title 1 - GENERAL GOVERNMENT ADMINISTRATION › Chapter 4 - STATE PROCUREMENT › Part 9 - ELECTRONIC SIGNATURES › Section 1.4.9.9 - DELEGATION OF APPROVAL AUTHORITY

Current through Register Vol. 35, No. 13, July 16, 2024
A. The state purchasing agent may delegate,
				in writing, to certain members of the department, the authority to approve
				contracts with the same level of security to sign all contracts and all
				amendments to those contracts except retroactive approval to contracts and
				contract amendments and sole source contracts and amendments to sole source
				contracts as provided herein.
B.
				Any agency head may delegate, in writing, to certain members of their
				department, the authority to approve contracts with the same level of security
				to sign all contracts and all amendments to those contracts except retroactive
				approval to contracts and contract amendments and sole source contracts and
				amendments to sole source contracts as provided herein.
C. Any chief legal counsel may delegate, in
				writing, to certain members of the general counsel office, the authority to
				approve contracts with the same level of security to sign for execution for all
				contracts and all amendments to those contracts except retroactive approval to
				contracts and contract amendments and sole source contracts and amendments to
				sole source contracts as provided herein.
New Mexico Administrative Code › Title 1 - GENERAL GOVERNMENT ADMINISTRATION › Chapter 4 - STATE PROCUREMENT › Part 10 - GOVERNING THE APPROVAL OF CONTRACTS FOR THE PURCHASE OF PROFESSIONAL SERVICES › Section 1.4.10.2 - SCOPE

Current through Register Vol. 35, No. 13, July 16, 2024
A. The contracts review
				bureau of the general services department shall review and approve all
				professional services contracts which result in expenditures greater than five
				thousand dollars ($5,000), including applicable gross receipts tax, and all
				amendments to those contracts for all state agencies except as provided in
				Subsections B and C of 1.4.10.2 NMAC. Contracts expending public funds in
				accordance with the Procurement Code, Sections
				13-1-28 to
				13-1-199
				NMSA 1978 as amended are included within the scope of this rule.
B. The following state agencies are currently
				exempt from submitting professional services contracts and amendments through
				the contracts review bureau of the general services department:
(1) state agencies within the judicial branch
				of government as defined by the New Mexico Constitution, Article VI;
(2) state agencies within the legislative
				branch of government as defined by the New Mexico Constitution, Article
				IV;
(3) state educational
				institutions as defined by the New Mexico Constitution, Article XII, Section 11
				and as set forth in Section
				21-1-1
				through
				21-16A-1
				et. seq. NMSA 1978;
(4) the state
				fair for only those contracts exempted pursuant to Subsection H of Section
				13-1-99
				NMSA 1978;
(5) the New Mexico
				public school insurance authority pursuant to Subsection F of Section
				22-29-6
				and
				22-29-8
				NMSA 1978 for contracts for procuring goods or services and paying for
				insurance or insurance-related services;
(6) the New Mexico mortgage finance authority
				pursuant to Section
				58-18-20
				NMSA 1978; and
(7) other state
				agencies exempt by statute.
New Mexico Administrative Code › Title 1 - GENERAL GOVERNMENT ADMINISTRATION › Chapter 4 - STATE PROCUREMENT › Part 10 - GOVERNING THE APPROVAL OF CONTRACTS FOR THE PURCHASE OF PROFESSIONAL SERVICES › Section 1.4.10.3 - STATUTORY AUTHORITY

Current through Register Vol. 35, No. 13, July 16, 2024
A.
				Sections
				13-1-118
				and
				13-1-125 NMSA
				1978 authorize the general services department to review professional services
				contracts of state agencies as to form, legal sufficiency, and budgetary
				requirements if required by its regulations.
B. Section
				6-5-3
				NMSA 1978 provides that before any state agency enters into a contract
				expending public funds, the financial control division of the department of
				finance and administration shall determine the authority for such proposed
				expenditure. After the authority for the expenditure is determined, the
				appropriate fund shall be shown by the financial control division to be
				encumbered to the extent of the proposed expenditure. The financial control
				division may request, and the state agency shall provide, such documentation
				and other information as the financial control division deems necessary to
				justify the state agency's determination of authority. The financial control
				division may disapprove the proposed expenditure if it determines that the
				justification is inadequate or is not substantiated by law.
C. Section
				6-5-6
				NMSA 1978 requires the financial control division of the department of finance
				and administration to determine that the proposed expenditure does not exceed
				the state agency's appropriation, does not exceed the periodic allotment made
				to the state agency or the unencumbered balance of funds at its disposal. The
				state agency shall determine that a proposed expenditure is for a public
				benefit and purpose consistent with the related appropriation and is necessary
				to carry out the statutory mission of the state agency prior to committing the
				state to the transaction.
D.
				Subsection E of Section
				9-1-5
				and Subsection E of Section
				9-17-5
				NMSA 1978 provide that after notice and hearing, the secretary of the general
				services department may make and adopt such reasonable administrative and
				procedural rules and regulations as necessary to carry out the duties of the
				general services department and its divisions.