New Mexico Administrative Code › Title 2 - PUBLIC FINANCE › Chapter 40 - EXPENDITURE OF PUBLIC FUNDS › Part 2 - GOVERNING THE APPROVAL OF CONTRACTS FOR THE PURCHASE OF PROFESSIONAL SERVICES › Section 2.40.2.7 - DEFINITIONS

Current through Register Vol. 35, No. 13, July 16, 2024
A.
"Bureau"
means the contracts review bureau of the department of
				finance and administration.
B.
"Contract"
means any agreement for the provision of professional
				services.
C.
"Contract
				brief"
means the bureau paper form or electronic version which shall
				accompany all professional services contracts and amendments submitted to the
				bureau.
D.
"Contractor"
as defined in Section
				13-1-43
				NMSA 1978 means any business having a contract with a state agency.
E.
"Department or DFA"
means the
				department of finance and administration.
F.
"Form"
means, at a minimum,
				that all contracts and amendments contain the provisions required by the
				bureau, including but not limited to, a scope of work consistent with the
				request for proposals issued by the state agency if the contract was procured
				by a request for proposals and performance measures when required and as
				defined by and in accordance with the Accountability in Government Act,
				Sections
				6-3A-1 through
				6-3A-9 NMSA
				1978 and subsequent amendments.
G.
"Legal sufficiency"
means, at a minimum, that all contracts and
				amendments contain the provisions required by law and that all required
				signatures have been obtained.
H.
"Procurement"
as defined by Section
				13-1-74
				NMSA 1978 means purchasing, renting, leasing, lease purchasing or otherwise
				acquiring items of personal property, services or construction and includes all
				procurement functions, including but not limited to, preparation of
				specifications, solicitation of sources, qualification or disqualification of
				sources, preparation and award of the contract, and contract
				administration.
I.
"Procurement Code"
means Sections
				13-1-28 to
				13-1-199
				NMSA 1978, as amended.
J.
"Professional services"
as defined by Section
				13-1-76
				NMSA 1978 means the services of architects, archaeologists, engineers,
				surveyors, landscape architects, medical arts practitioners, scientists,
				management and systems analysts, certified public accountants, registered
				public accountants, lawyers, psychologists, planners, researchers, and persons
				or businesses providing similar services, including information system
				resources professional services, and other such services which may be
				designated as professional services by a determination issued by the state
				purchasing agent or designee.
K.
"Regulation"
as defined by Section
				13-1-80
				NMSA 1978 means any rule, order, statement or policy, as amended, issued by a
				state agency or a local public body that affects persons not members or
				employees of the issuer.
L.
"Retroactive approval to a contract or a contract amendment"
means
				approval of a contract or contract amendment that was submitted to the bureau
				and approved by the DFA secretary or designee pursuant to
				2.40.2.13
				NMAC of this rule after the contractor has begun work pursuant to a request to
				perform work from a state agency employee or public officer with authority to
				make such a request.
M.
"DFA
				secretary"
means the secretary of the department of finance and
				administration.
N.
"Sole
				source contract or amendment to sole source contract"
means a contract
				or amendment which fulfills the requirements of Sections
				13-1-118,
				13-1-126
				and
				13-1-126.1
				NMSA 1978, as amended.
O.
"State agency"
means any department, agency, commission, council,
				board, advisory board, committee, or institution of the state of New Mexico,
				and does not include local public bodies.