reglab/statecodes huggingface dataset:
New Mexico Administrative Code › Title 1 - GENERAL GOVERNMENT ADMINISTRATION › Chapter 4 - STATE PROCUREMENT › Part 1 - PROCUREMENT CODE REGULATIONS › Section 1.4.1.9 - INSPECTION OF PUBLIC RECORDS

Current through Register Vol. 35, No. 13, July 16, 2024
The inspection of public records is governed by the
				  Inspection of Public Records Act, Sections
				  14-2-1
				  through
				  14-2-12
				  NMSA 1978. To the extent that any provision of this rule conflicts with the
				  Inspection of Public Records Act, as interpreted by the courts of this state,
				  that act shall control. Furthermore, no obligation to keep data confidential
				  which is contained in this rule is intended to create any liability that would
				  not otherwise exist under state law.
New Mexico Administrative Code › Title 1 - GENERAL GOVERNMENT ADMINISTRATION › Chapter 4 - STATE PROCUREMENT › Part 1 - PROCUREMENT CODE REGULATIONS › Section 1.4.1.10 - DOLLAR AMOUNTS

Current through Register Vol. 35, No. 13, July 16, 2024
Whenever a dollar amount appears in this rule, such amount is
				  exclusive of applicable gross receipts and local option taxes as the term is
				  defined in Subsection Q of Section
				  7-9-3
				  NMSA 1978.
New Mexico Administrative Code › Title 1 - GENERAL GOVERNMENT ADMINISTRATION › Chapter 4 - STATE PROCUREMENT › Part 1 - PROCUREMENT CODE REGULATIONS › Section 1.4.1.11 - INDEMNIFICATION AND INSURANCE

Current through Register Vol. 35, No. 13, July 16, 2024
A. Tort
				liability. Except as provided for in the Tort Claims Act, Section
				41-4-1
				through
				41-4-27
				NMSA 1978, no contract governed by this rule shall contain any provision
				whereby a state agency agrees to indemnify or provide tort liability insurance
				for any contractor.
B. Other risks.
				No contract governed by this rule shall contain any provision whereby a state
				agency agrees to indemnify a contractor or provide a contractor with a
				limitation of liability or provide a contractor with insurance for non-tort
				risks.
C. Contract provisions void.
				Any indemnification or insurance provision in any contract executed in
				violation of this section shall be void and of no effect.
New Mexico Administrative Code › Title 1 - GENERAL GOVERNMENT ADMINISTRATION › Chapter 4 - STATE PROCUREMENT › Part 1 - PROCUREMENT CODE REGULATIONS › Section 1.4.1.13 - SEVERABILITY

Current through Register Vol. 35, No. 13, July 16, 2024
If any provision of this rule, or any application thereof, to
				  any person or circumstance, is held invalid, such invalidity shall not affect
				  any other provision or application of this rule which can be given effect
				  without the invalid provision or application.
New Mexico Administrative Code › Title 1 - GENERAL GOVERNMENT ADMINISTRATION › Chapter 4 - STATE PROCUREMENT › Part 1 - PROCUREMENT CODE REGULATIONS › Section 1.4.1.14 - APPLICATION (COMPETITIVE SEALED BIDS; 1.4.1.14 -1.4.1.28 NMAC)

Current through Register Vol. 35, No. 13, July 16, 2024
The provisions of 1.4.1.14 through
				  1.4.1.28
				  NMAC apply to every procurement made by competitive sealed
				  bids.
New Mexico Administrative Code › Title 1 - GENERAL GOVERNMENT ADMINISTRATION › Chapter 4 - STATE PROCUREMENT › Part 1 - PROCUREMENT CODE REGULATIONS › Section 1.4.1.15 - COMPETITIVE SEALED BIDS REQUIRED

Current through Register Vol. 35, No. 13, July 16, 2024
All procurement performed pursuant to the procurement code
				  shall be achieved by competitive sealed bids except procurement achieved
				  pursuant to the following methods:
A.
				competitive sealed proposals;
B.
				small purchases;
C. sole source
				procurement;
D. emergency
				procurement;
E. procurement under
				existing contracts; and
F.
				purchases from anti-poverty program businesses.
New Mexico Administrative Code › Title 1 - GENERAL GOVERNMENT ADMINISTRATION › Chapter 4 - STATE PROCUREMENT › Part 1 - PROCUREMENT CODE REGULATIONS › Section 1.4.1.16 - INVITATION FOR BIDS ("IFB")

Current through Register Vol. 35, No. 13, July 16, 2024
A.
				General: The invitation for bids ("IFB"), also sometimes referred to as the
				invitation to bid (ITB), is used to initiate a competitive sealed bid
				procurement. The IFB shall include the following:
(1) the specifications for the services,
				construction or items of tangible personal property to be procured, except that
				professional services and a design and build project delivery system cannot be
				procured with an IFB pursuant to Section
				13-1-111
				NMSA 1978;
(2) all contractual
				terms and conditions applicable to the procurement including any requirements
				for complying with applicable preferences provided in law;
(3) the term of the contract and conditions
				of renewal or extension, if any;
(4) instructions and information to bidders,
				including the location where bids are to be received and the date, time and
				place of the bid opening;
(5) a
				notice that the IFB may be canceled and that any and all bids may be rejected
				in whole or in part when it is in the best interest of the state of New Mexico;
				and
(6) a notice that reads
				substantially as follows: The Procurement Code, Section
				13-1-28
				through Section
				13-1-199
				NMSA 1978, imposes civil, misdemeanor and felony criminal penalties for its
				violation. In addition, the New Mexico criminal statutes impose felony
				penalties for bribes, gratuities and kick-backs.
New Mexico Administrative Code › Title 1 - GENERAL GOVERNMENT ADMINISTRATION › Chapter 4 - STATE PROCUREMENT › Part 1 - PROCUREMENT CODE REGULATIONS › Section 1.4.1.17 - PUBLIC NOTICE INVITATION FOR BID

Current through Register Vol. 35, No. 13, July 16, 2024
Publication. The IFB or notice thereof shall be published
				  not less than ten calendar days prior to the date set for the opening of bids.
				  The IFB or notice must be published in accordance with statute.
A. These requirements of publication are in
				addition to any other procedures that may be adopted by the state purchasing
				agent to notify prospective bidders that bids will be received, including but
				not limited to publication in trade journals, if available.
B. Bidder lists. The state purchasing agent
				shall send copies of the notice or IFB to those businesses which have signified
				in writing an interest in submitting bids for particular categories of items of
				tangible personal property, construction and services and which have paid any
				required fees. This may be done through electronic means. (Section
				13-1-104
				NMSA 1978). Reference is also given to
				1.4.1.48
				NMAC of this rule.
C. Public
				availability. A copy of the IFB shall be made available for public inspection
				on the state purchasing agnet's website.
New Mexico Administrative Code › Title 1 - GENERAL GOVERNMENT ADMINISTRATION › Chapter 4 - STATE PROCUREMENT › Part 1 - PROCUREMENT CODE REGULATIONS › Section 1.4.1.18 - PRE-BID CONFERENCES

Current through Register Vol. 35, No. 13, July 16, 2024
Pre-bid conferences may be conducted to explain the
				  procurement requirements. If a pre-bid conference is to be held it shall be
				  noticed in the IFB. The conference should be held long enough after the IFB has
				  been issued to allow bidders to become familiar with it, but sufficiently
				  before bid opening to allow consideration of the conference results in
				  preparing their bids. Nothing stated at the pre-bid conference shall change the
				  IFB. An IFB shall only be changed by written amendment as provided in this
				  rule.
New Mexico Administrative Code › Title 1 - GENERAL GOVERNMENT ADMINISTRATION › Chapter 4 - STATE PROCUREMENT › Part 1 - PROCUREMENT CODE REGULATIONS › Section 1.4.1.19 - AMENDMENTS TO THE INVITATION FOR BIDS

Current through Register Vol. 35, No. 13, July 16, 2024
A. Form. An amendment to the IFB shall be
				identified as such and shall require that bidders acknowledge its receipt. The
				amendment shall refer to the portions of the IFB it amends.
B. Distribution. Amendments shall be sent to
				all prospective bidders known to have received the IFB.
C. Timeliness. Amendments shall be
				distributed within a reasonable time to allow prospective bidders to consider
				them in preparing their bids. If the time and date set for receipt of bids will
				not permit such preparation, the time shall be increased to the extent possible
				in the amendment or, if necessary, by other electronic means and confirmed in
				the amendment.
D. Use of
				amendments: Amendments should be used to:
(1)
				make any changes in the IFB such as changes in quantity, purchase descriptions,
				delivery schedules, and opening dates;
(2) correct defects or ambiguities;
				or
(3) furnish to other bidders
				information given to one bidder if such information will assist the other
				bidders in submitting bids or if the lack of such information would prejudice
				the other bidders.
New Mexico Administrative Code › Title 1 - GENERAL GOVERNMENT ADMINISTRATION › Chapter 4 - STATE PROCUREMENT › Part 1 - PROCUREMENT CODE REGULATIONS › Section 1.4.1.20 - PRE-OPENING MODIFICATION OR WITHDRAWAL OF BIDS

Current through Register Vol. 35, No. 13, July 16, 2024
A. Procedure: A bid may be modified or
				withdrawn by a bidder prior to the time set for bid opening by delivering
				written or electronic notice to the location designated in the IFB as the place
				where bids are to be received.
B.
				Disposition of bid security: If a bid is withdrawn in accordance with this
				section, the bid security, if any, shall be returned to the bidder.
C. Records: All documents relating to the
				modification or withdrawal of bids shall be made a part of the appropriate
				procurement file.
New Mexico Administrative Code › Title 1 - GENERAL GOVERNMENT ADMINISTRATION › Chapter 4 - STATE PROCUREMENT › Part 1 - PROCUREMENT CODE REGULATIONS › Section 1.4.1.21 - LATE BIDS, LATE WITHDRAWALS AND LATE MODIFICATIONS

Current through Register Vol. 35, No. 13, July 16, 2024
A. Definition: Any bid or any withdrawal or
				modification of a bid received after the time and date for opening of bids at
				the place designated for opening is late. (NOTE: if the time a bid is due is
				listed as "3 p.m." this means 3:00:00 and not 3:00:59.)
B. General rule: No late bid, late
				modification, or late withdrawal will be considered unless received before
				contract award, and the bid, modification, or withdrawal would have been timely
				but for the action or inaction of state personnel directly serving the
				procurement activity.
C. Records:
				All documents relating to late bids, late modifications, or late withdrawals
				shall be made a part of the appropriate procurement file.
New Mexico Administrative Code › Title 1 - GENERAL GOVERNMENT ADMINISTRATION › Chapter 4 - STATE PROCUREMENT › Part 1 - PROCUREMENT CODE REGULATIONS › Section 1.4.1.22 - BID OPENING

Current through Register Vol. 35, No. 13, July 16, 2024
A. Receipt:
				Upon its receipt, each bid and modification shall be time-stamped but not
				opened and shall be stored in a secure place until the time and date set for
				bid opening. This may be done entirely electronically.
B. No bids received: Except as provided in
				1.4.1.68
				through
				1.4.1.72
				NMAC of this rule, if no bids are received or if all bids received are rejected
				in accordance with the provisions of
				1.4.1.68
				through
				1.4.1.72
				NMAC of this rule, a new IFB shall be issued. If upon re-bidding with no change
				in specifications from the first IFB, the bids received are unacceptable, or if
				no bids are secured, the state purchasing agent may purchase (i.e., as opposed
				to procure) the items of tangible personal property, construction or services
				in the open market at the best obtainable price.
C. Opening and recording: Bids and
				modifications shall be opened publicly in the presence of one or more witnesses
				at the time and place designated in the IFB. Presence in this context may
				include virtual presence. The name of each bidder, the amount of each bid and
				each bid item, if appropriate, the names and addresses of the required
				witnesses, and such other relevant information as may be specified by the state
				purchasing agent shall be recorded. The record shall be open for public
				inspection. Each bid, except those portions for which a bidder has made a
				written request for confidentiality, shall also be open to public inspection.
				Any data, which a bidder believes should be kept confidential shall accompany
				the bid and shall be readily separable from the bid in order to facilitate
				public inspection of the non-confidential portion of the bid. Prices and makes
				and models or catalogue numbers of the items offered, deliveries, and terms of
				payment shall be publicly available at the time of bid opening regardless of
				any designation to the contrary.
New Mexico Administrative Code › Title 1 - GENERAL GOVERNMENT ADMINISTRATION › Chapter 4 - STATE PROCUREMENT › Part 1 - PROCUREMENT CODE REGULATIONS › Section 1.4.1.23 - MISTAKES IN BIDS

Current through Register Vol. 35, No. 13, July 16, 2024
A.
				Consideration for award: Bids shall be unconditionally accepted for
				consideration for award without alteration or correction, except as authorized
				in
				1.4.1.14
				through
				1.4.1.28
				NMAC of this rule.
B. General
				principles: Correction or withdrawal of a bid because of an inadvertent,
				nonjudgmental mistake in the bid requires careful consideration to protect the
				integrity of the competitive bidding system, and to assure fairness. If the
				mistake is attributable to an error in judgment, the bid may not be corrected.
				Bid correction or withdrawal by reason of a nonjudgmental mistake is
				permissible but only to the extent authorized in
				1.4.1.14
				through
				1.4.1.28
				NMAC of this rule.
C. Mistakes
				discovered before opening: A bidder may correct mistakes discovered before bid
				opening by withdrawing or correcting the bid as provided in
				1.4.1.20
				NMAC of this rule.
D. Confirmation
				of bid: When the procurement officer knows or has reason to conclude that a
				mistake has been made in the low bid, the procurement officer should request
				the low bidder to confirm the bid. Situations in which confirmation should be
				requested include obvious, apparent errors on the face of the low bid or a bid
				unreasonably lower than the other bids submitted. If the low bidder alleges
				mistake, the bid may be corrected or withdrawn if the conditions set forth in
				Subsection E of this section are met.
E. Mistakes discovered after opening: This
				subsection sets forth procedures to be applied in three situations in which
				mistakes in bids are discovered after the time and date set for bid opening.
(1) Technical irregularities: Technical
				irregularities are matters of form rather than substance evident from the bid
				document, or insignificant mistakes that can be waived or corrected without
				prejudice to other bidders; that is, when there is no effect on price, quality
				or quantity. The procurement officer may waive such irregularities or allow the
				low bidder to correct them if either is in the best interest of the state.
				Examples include the failure of the low bidder to:
(a) return the number of signed bids required
				by the IFB;
(b) sign the bid, but
				only if the unsigned bid is accompanied by other material indicating the low
				bidder's intent to be bound; or
(c)
				acknowledge receipt of an amendment to the IFB, but only if:
(i) it is clear from the bid that the low
				bidder received the amendment and intended to be bound by its terms;
				or
(ii) the amendment involved had
				no effect on price, quality or quantity.
New Mexico Administrative Code › Title 1 - GENERAL GOVERNMENT ADMINISTRATION › Chapter 4 - STATE PROCUREMENT › Part 1 - PROCUREMENT CODE REGULATIONS › Section 1.4.1.24 - BID EVALUATION AND AWARD

Current through Register Vol. 35, No. 13, July 16, 2024
A. General: A contract solicited by
				competitive sealed bids shall be awarded with reasonable promptness by written
				notice to the lowest responsible bidder. The IFB shall set forth the
				requirements and criteria that will be used to determine the lowest responsive
				bid. No bid shall be evaluated for any requirement or criterion that is not
				disclosed in the IFB. Contracts solicited by competitive sealed bids shall
				require that the bid amount exclude the applicable state gross receipts tax or
				local option tax but that the contracting agency shall be required to pay the
				tax including any increase in the tax becoming effective after the contract is
				entered into. The tax shall be shown as a separate amount on each billing or
				request for payment made under the contract.
B. Product acceptability: The IFB shall set
				forth all evaluation criteria to be used in determining product acceptability.
				It may require the submission of bid samples, descriptive literature, technical
				data, or other material. It may also provide for accomplishing any or all of
				the following prior to award:
(1) inspection
				or testing of a product for such characteristics as quality or
				workmanship;
(2) examination of
				such elements as appearance, finish, taste or feel; or
(3) other examinations to determine whether
				it conforms with other purchase description requirements.
New Mexico Administrative Code › Title 1 - GENERAL GOVERNMENT ADMINISTRATION › Chapter 4 - STATE PROCUREMENT › Part 1 - PROCUREMENT CODE REGULATIONS › Section 1.4.1.25 - STATUTORY PREFERENCES

Current through Register Vol. 35, No. 13, July 16, 2024
Statutory preferences to be applied in determining low bidder
				  or successful offeror. New Mexico law provides certain statutory preferences
				  for several categories of bidders and offerors as well as for recycled content
				  goods (Sections
				  13-1-21
				  and
				  13-1-22
				  NMSA 1978). These preferences must be applied in regard to invitations for bids
				  and requests for proposals in accordance with statute in determining the lowest
				  bidder or successful offeror.
New Mexico Administrative Code › Title 1 - GENERAL GOVERNMENT ADMINISTRATION › Chapter 4 - STATE PROCUREMENT › Part 1 - PROCUREMENT CODE REGULATIONS › Section 1.4.1.26 - IDENTICAL LOW BIDS

Current through Register Vol. 35, No. 13, July 16, 2024
A. Definition:
				Identical low bids are low responsive bids, from responsible bidders, which are
				identical in price after the application of the preferences referred to in
				1.4.1.25
				NMAC of this rule and which meet all the requirements and criteria set forth in
				the IFB.
B. Award: When two or more
				identical low bids are received, the state purchasing agent may:
(1) award pursuant to the multiple source
				award provisions of Sections
				13-1-153
				and
				13-1-154
				NMSA 1978;
(2) award to a bidder
				with a statutory preference if the identical low bids are submitted by a bidder
				with a statutory preference and a nonresident business or nonresident
				contractor;
(3) award to a bidder
				offering recycled content goods if the identical low bids are for recycled
				content goods and virgin goods;
(4)
				award by lottery to one of the identical low bidders; or
(5) reject all bids and re-solicit bids or
				proposals for the required services, construction or items of tangible personal
				property.
New Mexico Administrative Code › Title 1 - GENERAL GOVERNMENT ADMINISTRATION › Chapter 4 - STATE PROCUREMENT › Part 1 - PROCUREMENT CODE REGULATIONS › Section 1.4.1.27 - MULTI-STEP SEALED BIDS

Current through Register Vol. 35, No. 13, July 16, 2024
A.
				General: Multi-step bidding is a variant of the competitive sealed bidding
				method. This method may be utilized when the state purchasing agent or a
				central purchasing office makes a determination that it is impractical
				initially to prepare specifications to support an award based on price, or that
				specifications are inadequate or are too general to permit full and free
				competition without technical evaluation and discussion.
B. Phased process: Multi-step bidding is a
				phased process which combines elements of both the competitive sealed proposal
				method, seeking necessary information or unpriced technical offers in the
				initial phase; and regular competitive sealed bidding, inviting bidders who
				submitted technically acceptable offers in the initial phase, to submit
				competitive sealed price bids on the technical offers in the final phase. The
				contract shall be awarded to the lowest responsible bidder. If time is a
				factor, the state purchasing agent or a central purchasing office may require
				bidders to submit a separate sealed bid during the initial phase to be opened
				after the technical evaluation.
C.
				Public notice: Whenever multi-step sealed bids are used, public notice for the
				first phase shall be given in accordance with
				1.4.1.17
				NMAC of this rule. Public notice is not required for the second
				phase.
New Mexico Administrative Code › Title 1 - GENERAL GOVERNMENT ADMINISTRATION › Chapter 4 - STATE PROCUREMENT › Part 1 - PROCUREMENT CODE REGULATIONS › Section 1.4.1.28 - PAYMENTS FOR PURCHASES

Current through Register Vol. 35, No. 13, July 16, 2024
Contract clause. All contracts resulting from an invitation
				  for bids shall contain a clause allowing for late payment charges against the
				  state agency in the amount and under the conditions set forth in Section
				  13-1-158
				  NMSA 1978.
New Mexico Administrative Code › Title 1 - GENERAL GOVERNMENT ADMINISTRATION › Chapter 4 - STATE PROCUREMENT › Part 1 - PROCUREMENT CODE REGULATIONS › Section 1.4.1.29 - APPLICATION (COMPETITIVE SEALED PROPOSALS; 1.4.1.29-1.4.1.47 NMAC)

Current through Register Vol. 35, No. 13, July 16, 2024
A. General: Except as
				provided in Subsections B and C of this section, the provisions of 1.4.1.29
				through
				1.4.1.47 NMAC
				of this rule apply to every procurement made by competitive sealed
				proposals.
B. Architects,
				engineers, landscape architects and surveyors: The provisions of 1.4.1.29
				through
				1.4.1.47 NMAC
				of this rule do not apply to the procurement of professional services of
				architects, engineers, landscape architects and surveyors for state public
				works projects or local public works projects. Except that when procuring such
				professional services for state public works projects or local public works
				projects state agencies and local public bodies shall comply with Section
				13-1-120
				through
				13-1-124
				NMSA 1978, competitive sealed qualifications-based proposals.
C. Procurement of professional services by
				state agencies with rulemaking authority: A state agency with rule making
				authority may adopt its own regulations for the procurement of professional
				services by competitive sealed proposals under the following conditions:
(1) the state agency must receive prior
				written authorization from the general services department secretary;
(2) the state agency's proposed regulations
				must provide that RFPs or notices thereof having a value exceeding sixty
				thousand dollars ($60,000) will be provided to the state purchasing agent for
				distribution to prospective offerors who have registered with the state
				purchasing agent's office in accordance with the terms of Subsection B of
				1.4.1.17
				NMAC and Subsection A of
				1.4.1.32
				NMAC of this rule.
New Mexico Administrative Code › Title 1 - GENERAL GOVERNMENT ADMINISTRATION › Chapter 4 - STATE PROCUREMENT › Part 1 - PROCUREMENT CODE REGULATIONS › Section 1.4.1.30 - GENERAL DISCUSSION

Current through Register Vol. 35, No. 13, July 16, 2024
A. Use of
				competitive sealed proposals: When a state agency procures professional
				services that are not related to a design and build project delivery system in
				accordance with Section
				13-1-119.1
				NMSA 1978, or when the state purchasing agent or a designee makes a
				determination that the use of competitive sealed bids is either not practicable
				or not advantageous to the state, a procurement shall be effected by
				competitive sealed proposals. Note well: Section
				13-1-111
				NMSA 1978 only authorizes state agencies other than the state purchasing agent
				to procure professional services by means of competitive sealed proposals.
				Section
				13-1-111
				NMSA 1978 does not authorize state agencies to avoid centralized purchasing
				through the state purchasing agent by issuing RFPs for items of tangible
				personal property, or nonprofessional services.
B. Definitions: The words "practicable" and
				"advantageous" are to be given ordinary dictionary meanings. The term
				"practicable" denotes what may be accomplished or put into practical
				application. "Advantageous" denotes a judgmental assessment of what is in the
				state's best interest. The use of competitive sealed bids may be practicable,
				that is, reasonably possible, but not necessarily advantageous, that is, in the
				state's best interest.
C. Proposals
				offer flexibility: The key element in determining advantageousness is the need
				for flexibility. The competitive sealed proposal method differs from the
				competitive sealed bid method in two important ways:
(1) it permits discussions with competing
				offerors and changes in their proposals including price; and;
(2) it allows more subjective evaluations to
				be made in comparing acceptable offerors' proposals with stated evaluation
				criteria when selecting among acceptable proposals for award of a
				contract.
New Mexico Administrative Code › Title 1 - GENERAL GOVERNMENT ADMINISTRATION › Chapter 4 - STATE PROCUREMENT › Part 1 - PROCUREMENT CODE REGULATIONS › Section 1.4.1.31 - REQUEST FOR PROPOSALS ("RFP")

Current through Register Vol. 35, No. 13, July 16, 2024
A. Initiation: The request for proposals
				("RFP") is used to initiate a competitive sealed proposal procurement. All
				state agencies shall follow published guidelines and procedures issued by the
				state purchasing agent from development stage through award of RFP-based
				procurements. At a minimum the RFP shall include the following:
(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)
				instructions concerning the submission and response to questions;
(4) the term of the contract and conditions
				of renewal or extension, if any;
(5) instructions and information to offerors,
				including the location where proposals are to be received and the date, time
				and place where proposals are to be received and reviewed;
(6) all of the evaluation factors, and the
				relative weights to be given to the factors in evaluating proposals;
(7) a statement that discussions may be
				conducted with offerors who submit proposals determined to be potentially
				acceptable of being selected for award, but that proposals may be accepted
				without such discussions;
(8) a
				notice that the RFP may be canceled and that any and all proposals may be
				rejected in whole or in part when it is in the best interest of the state of
				New Mexico; and
(9) a statement of
				how proposed costs should be submitted;
(10) a notice that reads substantially as
				follows: The Procurement Code, Section
				13-1-28
				through
				13-1-199
				NMSA 1978, imposes civil, misdemeanor and felony criminal penalties for its
				violation. In addition, the New Mexico criminal statutes impose felony
				penalties for bribes, gratuities and kick-backs.
New Mexico Administrative Code › Title 1 - GENERAL GOVERNMENT ADMINISTRATION › Chapter 4 - STATE PROCUREMENT › Part 1 - PROCUREMENT CODE REGULATIONS › Section 1.4.1.32 - PUBLIC NOTICE REQUEST FOR PROPOSAL

Current through Register Vol. 35, No. 13, July 16, 2024
A. 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 of this rule. However, an RFP or a notice shall be published not less than
				20 days prior to the date set for receipt of proposals unless a shorter time
				frame is requested and approval granted by the state purchasing
				agent.
B. Procurements of all
				tangible personal property or services: The procurement manager shall deliver
				to the state purchasing agent or designee the following listed items no later
				than 15 calendar days prior to the proposed issue date (this requirement may be
				waived by the state purchasing agent at the state purchasing agent's
				discretion):
(1) the RFP authorization and
				plan document, if required;
(2) a
				state of New Mexico requisition completed according to state purchasing
				division processes;
(3) a list
				containing the names and addresses of suggested vendors, if any;
(4) a copy of the complete RFP document; for
				large or complex procurements, the draft RFP document shall be delivered to the
				state purchasing agent for review at least thirty days prior to the proposed
				issue date (this requirement may be waived by the state purchasing agent at the
				state purchasing agent's discretion).
New Mexico Administrative Code › Title 1 - GENERAL GOVERNMENT ADMINISTRATION › Chapter 4 - STATE PROCUREMENT › Part 1 - PROCUREMENT CODE REGULATIONS › Section 1.4.1.33 - PRE-PROPOSAL CONFERENCES

Current through Register Vol. 35, No. 13, July 16, 2024
Pre-proposal conferences may be conducted in accordance with
				  1.4.1.18 NMAC
				  of this rule. Any such conference should be held prior to submission of initial
				  proposals. Other than for particular procurements where an agency feels a
				  pre-proposal conference is necessary (such as for construction procurements
				  where building walk-throughs or similar activities would be required or other
				  like procurements), it is strongly recommended that pre-proposal conferences
				  not be made mandatory so as to not eliminate potential vendors prior to
				  receiving bids or proposals.
New Mexico Administrative Code › Title 1 - GENERAL GOVERNMENT ADMINISTRATION › Chapter 4 - STATE PROCUREMENT › Part 1 - PROCUREMENT CODE REGULATIONS › Section 1.4.1.34 - AMENDMENTS TO THE REQUEST FOR PROPOSALS

Current through Register Vol. 35, No. 13, July 16, 2024
A. Prior to submission of proposals: Prior to
				submission of proposals, amendments to the RFP may be made in accordance with
				1.4.1.19
				NMAC of this rule.
B. After
				submission of proposals: After submission of proposals, amendments to the RFP
				shall be distributed only to short-listed offerors. The short-listed offerors
				shall be permitted to submit new proposals or to amend those submitted. If in
				the opinion of the procurement officer or procurement manager, a contemplated
				amendment will significantly change the nature of the procurement, the RFP
				shall be canceled in accordance with
				1.4.1.68
				through
				1.4.1.72
				NMAC of this rule, and a new RFP issued.
New Mexico Administrative Code › Title 1 - GENERAL GOVERNMENT ADMINISTRATION › Chapter 4 - STATE PROCUREMENT › Part 1 - PROCUREMENT CODE REGULATIONS › Section 1.4.1.35 - MODIFICATION OR WITHDRAWAL OF PROPOSALS

Current through Register Vol. 35, No. 13, July 16, 2024
Proposals may be modified or withdrawn prior to the
				  established due date in accordance with
				  1.4.1.20
				  NMAC of this rule. The established due date is either the time and date
				  announced for receipt of proposals or receipt of modifications to proposals, if
				  any; or, if discussions have begun, it is the time and date by which best and
				  final offers must be submitted by short-listed offerors. (NOTE: if the time a
				  proposal is due is listed as "3 p.m." this means 3:00:00 and not
				  3:00:59.)
New Mexico Administrative Code › Title 1 - GENERAL GOVERNMENT ADMINISTRATION › Chapter 4 - STATE PROCUREMENT › Part 1 - PROCUREMENT CODE REGULATIONS › Section 1.4.1.36 - LATE PROPOSALS, LATE WITHDRAWALS AND LATE MODIFICATIONS

Current through Register Vol. 35, No. 13, July 16, 2024
Any proposal, withdrawal, or modification received after the
				  established due date at the place designated for receipt of proposals is late.
				  (See
				  1.4.1.35
				  NMAC of this rule for the definition of "established due date.") They may be
				  considered only in accordance with
				  1.4.1.21
				  NMAC of this rule.
New Mexico Administrative Code › Title 1 - GENERAL GOVERNMENT ADMINISTRATION › Chapter 4 - STATE PROCUREMENT › Part 1 - PROCUREMENT CODE REGULATIONS › Section 1.4.1.37 - RECEIPT AND OPENING OF PROPOSALS

Current through Register Vol. 35, No. 13, July 16, 2024
A. Receipt: Proposals and modifications shall
				be time-stamped upon receipt and held in a secure place until the established
				due date. This may be done entirely electronically. (See
				1.4.1.35
				NMAC of this rule for the definition of "established due date.")
B. Opening: Proposals shall not be opened
				publicly and shall not be open to public inspection until after award of a
				contract. Award in this context means the final required state agency signature
				on the contract(s) resulting from the procurement. An offeror may request in
				writing nondisclosure of confidential data. Such data shall accompany the
				proposal and shall be readily separable from the proposal in order to
				facilitate eventual public inspection of the nonconfidential portion of the
				proposal.
New Mexico Administrative Code › Title 1 - GENERAL GOVERNMENT ADMINISTRATION › Chapter 4 - STATE PROCUREMENT › Part 1 - PROCUREMENT CODE REGULATIONS › Section 1.4.1.38 - EVALUATION OF PROPOSALS

Current through Register Vol. 35, No. 13, July 16, 2024
A.
				Evaluation factors: The evaluation shall be based on the evaluation factors and
				the relative weights set forth in the RFP. Appropriate rating systems
				(numerical, point-based, pass/fail, etc.) are required for requests for
				proposals-based procurements.
B.
				Evaluation committee: The state agency management shall appoint an evaluation
				committee prior to the due date for receipt of proposals. The size of the
				committee should be manageable and include both user and technical support
				representatives. Contractor subject matter experts may be used to advise the
				committee but cannot evaluate proposals.
C. Classified proposals: For the purpose of
				conducting discussions under
				1.4.1.39
				NMAC of this rule, proposals shall be initially classified as:
(1) responsive;
(2) potentially responsive, that is,
				reasonably susceptible of being made responsive; or
(3) non-responsive.
New Mexico Administrative Code › Title 1 - GENERAL GOVERNMENT ADMINISTRATION › Chapter 4 - STATE PROCUREMENT › Part 1 - PROCUREMENT CODE REGULATIONS › Section 1.4.1.39 - PROPOSAL DISCUSSIONS AND NEGOTIATIONS WITH INDIVIDUAL OFFERORS

Current through Register Vol. 35, No. 13, July 16, 2024
A. Discussions
				authorized: Discussions may be conducted with responsible offerors who submit
				acceptable or responsive, potentially acceptable or potentially responsive
				proposals.
B. Purposes of
				discussions: Discussions are held to clarify technical or other aspects of the
				proposals.
C. Conduct of
				discussions: If during discussions there is a need for any substantial
				clarification or change in the request for proposals, the request for proposals
				shall be amended to incorporate such clarification or change. Any substantial
				oral clarification of a proposal shall be reduced to writing by the offeror.
				Proposals may be accepted and evaluated without such discussion. This is not an
				opportunity for the offerors to amend the substance of their
				proposals.
D. Short list: All
				responsible offerors who submit acceptable proposals are eligible for the short
				list. If numerous acceptable proposals have been submitted, however, the
				procurement officer or procurement manager may rank the proposals and select
				the highest ranked proposals for the short list. Those responsible offerors who
				are selected for the short list are the "short-listed offerors" or "finalist
				offerors".
E. Competitive
				negotiations: Competitive negotiations may be held among the short-listed
				offerors to:
(1) promote understanding of a
				state agency's requirements and short-listed offerors' proposal; and
(2) facilitate arriving at a contract that
				will be most advantageous to a state agency taking into consideration the
				evaluation factors set forth in the RFP;
(3) except for circumstances and situations
				otherwise approved by the state purchasing agent, negotiations of the relevant
				terms and conditions as well as any other important factors in an RFP and
				proposed contract are negotiated prior to award of a contract, not after
				award.
New Mexico Administrative Code › Title 1 - GENERAL GOVERNMENT ADMINISTRATION › Chapter 4 - STATE PROCUREMENT › Part 1 - PROCUREMENT CODE REGULATIONS › Section 1.4.1.40 - DISCLOSURE

Current through Register Vol. 35, No. 13, July 16, 2024
The contents of any proposal shall not be disclosed so as to
				  be available to competing offerors during the negotiation process and prior to
				  award. Award in this context means the final required state agency signature on
				  the contract(s) resulting from the procurement.
New Mexico Administrative Code › Title 1 - GENERAL GOVERNMENT ADMINISTRATION › Chapter 4 - STATE PROCUREMENT › Part 1 - PROCUREMENT CODE REGULATIONS › Section 1.4.1.41 - BEST AND FINAL OFFERS

Current through Register Vol. 35, No. 13, July 16, 2024
Best and final offers in a request for proposals are
				  sometimes appropriate and helpful. An offeror's best offer should be included
				  in that offeror's original proposal and no discussion or changes to that offer
				  should be allowed prior to selection of the offeror as the successful offeror
				  unless negotiations are undertaken pursuant to
				  1.4.1.39
				  NMAC of this rule. After such selection of a successful offeror or offerors
				  (for a multiple award procurement) and before final award, an agency may
				  negotiate with the selected successful offeror(s) for the best possible terms
				  for the state but such negotiations shall not change the successful offeror's
				  or offerors' (for a multiple award procurement) proposal(s) to the detriment of
				  the state. Award in this context means the final required state agency
				  signature on the contract(s) resulting from the procurement.
New Mexico Administrative Code › Title 1 - GENERAL GOVERNMENT ADMINISTRATION › Chapter 4 - STATE PROCUREMENT › Part 1 - PROCUREMENT CODE REGULATIONS › Section 1.4.1.42 - MISTAKES IN PROPOSALS

Current through Register Vol. 35, No. 13, July 16, 2024
A.
				Modification or withdrawal of proposals: Proposals may be modified or withdrawn
				as provided in
				1.4.1.35
				NMAC of this rule.
B. Mistakes
				discovered after receipt of proposals: This subsection sets forth procedures to
				be applied in several situations in which mistakes in proposals are discovered
				after receipt of proposals.
(1) Confirmation
				of proposal. When the procurement officer or procurement manager knows or has
				reason to conclude before award that a mistake has been made, the procurement
				officer or procurement manager should request the offeror to confirm the
				proposal. If the offeror alleges mistake, the proposal may be corrected or
				withdrawn during any discussions that are held or if the conditions set forth
				in Subsection C of this section are met.
(2) During negotiations. If best and final
				offers are requested in the RFP, between the period of selecting
				short-listed/finalist offerors and the date set for best and final offers, any
				short-listed or finalist offeror may freely correct any mistake by modifying or
				withdrawing the proposal until the time and date set for receipt of best and
				final offers.
New Mexico Administrative Code › Title 1 - GENERAL GOVERNMENT ADMINISTRATION › Chapter 4 - STATE PROCUREMENT › Part 1 - PROCUREMENT CODE REGULATIONS › Section 1.4.1.43 - AWARD: PROFESSIONAL SERVICES

Current through Register Vol. 35, No. 13, July 16, 2024
A. Procedure: An award shall be made to the
				responsible offeror whose proposal is most advantageous to a state agency,
				taking into consideration the evaluation factors set forth in the RFP. The
				procurement officer shall make a written determination in the form of an
				evaluation committee report showing the basis on which an award was found to be
				most advantageous to a state agency based on the factors set forth in the RFP.
				Award in this context means the final required state agency signature on the
				contract(s) resulting from the procurement.
B. Publicizing awards: The procurement
				manager or procurement officer shall promptly provide all offerors who
				submitted proposals written notice of the award. Award in this context means
				the final required state agency signature on the contract(s) resulting from the
				procurement.
C. Publicizing awards:
				The procurement manager or procurement officer shall promptly provide all
				offerors who submitted proposals written notice of the award which notice shall
				be sent via certified mail, return receipt requested, and shall include the
				expiration date and time of the protest period, if there was a change from the
				date and time published in the RFP.
New Mexico Administrative Code › Title 1 - GENERAL GOVERNMENT ADMINISTRATION › Chapter 4 - STATE PROCUREMENT › Part 1 - PROCUREMENT CODE REGULATIONS › Section 1.4.1.44 - AWARD: ALL TANGIBLE PERSONAL PROPERTY OR SERVICES: (INCLUDES SOFTWARE, HARDWARE, NON-PROFESSIONAL SERVICES, etc)

Current through Register Vol. 35, No. 13, July 16, 2024
A. Procedure: The award shall be made by the
				state purchasing agent or designee to the responsible offeror whose proposal is
				most advantageous to the state agency, taking into consideration the evaluation
				factors set forth in the RFP. The procurement manager shall make a written
				determination in the form of an evaluation committee report showing the basis
				on which the recommended award was found to be most advantageous to the state
				agency based on the factors set forth in the RFP.
B. Publicizing awards: The procurement
				manager shall promptly provide all offerors who submitted responsive proposals
				written notice of the award. The written notice shall be sent via certified
				mail, return receipt requested, and shall include the expiration date and time
				of the protest period, if there was a change from the date and time published
				in the RFP.
New Mexico Administrative Code › Title 1 - GENERAL GOVERNMENT ADMINISTRATION › Chapter 4 - STATE PROCUREMENT › Part 1 - PROCUREMENT CODE REGULATIONS › Section 1.4.1.45 - PUBLIC INSPECTION

Current through Register Vol. 35, No. 13, July 16, 2024
A.
				General: After award, any written determinations made pursuant to these rules,
				the evaluation committee report and each proposal, except those portions for
				which the offeror has made a written request for confidentiality, shall be open
				to public inspection. Confidential data is normally restricted to confidential
				financial information concerning the offeror's organization and data that
				qualifies as a trade secret in accordance with the Uniform Trade Secrets Act,
				Sections
				57-3A-1 to
				57-3A-7
				NMSA 1978. The price of products offered or the cost of services proposed may
				not be designated as confidential information. Award in this context means the
				final required state agency signature on the contract(s) resulting from the
				procurement.
B. Confidential data:
				If a request is received for disclosure of data, for which an offeror has made
				a written request for confidentiality, the state purchasing agent or central
				purchasing office shall examine the offeror's request and make a written
				determination that specifies which portions of the proposal should be
				disclosed. If it is determined that an offeror's requested confidential data
				should be disclosed, that offeror will receive reasonable notice in order to
				afford the offeror the opportunity to take legal action to prevent the
				disclosure. Unless the offeror takes legal action to prevent the disclosure,
				the data will be so disclosed. After award the proposal shall be open to public
				inspection subject to any continuing prohibition on the disclosure of
				confidential data. Award in this context means the final required state agency
				signature on the contract(s) resulting from the procurement.
New Mexico Administrative Code › Title 1 - GENERAL GOVERNMENT ADMINISTRATION › Chapter 4 - STATE PROCUREMENT › Part 1 - PROCUREMENT CODE REGULATIONS › Section 1.4.1.46 - PAYMENTS FOR PURCHASES

Current through Register Vol. 35, No. 13, July 16, 2024
Contract clause. All contracts resulting from a request for
				  proposals shall contain a clause allowing for late payment charges against the
				  state agency in the amount and under the conditions set forth in Section
				  13-1-158
				  NMSA 1978.
New Mexico Administrative Code › Title 1 - GENERAL GOVERNMENT ADMINISTRATION › Chapter 4 - STATE PROCUREMENT › Part 1 - PROCUREMENT CODE REGULATIONS › Section 1.4.1.47 - GSD CONTRACT REVIEW

Current through Register Vol. 35, No. 13, July 16, 2024
All contracts for professional services with state agencies
				  shall be reviewed as to all requirements as set forth in statute and rule by
				  the general services department, if such review is required by the general
				  services department or subsequent general services department
				  rules.
New Mexico Administrative Code › Title 1 - GENERAL GOVERNMENT ADMINISTRATION › Chapter 4 - STATE PROCUREMENT › Part 1 - PROCUREMENT CODE REGULATIONS › Section 1.4.1.48 - APPLICATION (SMALL PURCHASES; 1.4.1.48 - 1.4.1.52 NMAC)

Current through Register Vol. 35, No. 13, July 16, 2024
The provisions of 1.4.1.48 through
				  1.4.1.52
				  NMAC of this rule apply to the procurement of nonprofessional services,
				  construction or items of tangible personal property having a value not
				  exceeding the value set forth in statute for small purchases and to the
				  procurement of professional services having a value not exceeding the value set
				  forth in statute for small purchases of professional services, the use of a
				  statewide price agreement, an existing contract or the methods of procurement
				  set forth in
				  1.4.1.50
				  through
				  1.4.1.52
				  NMAC of this rule provide alternatives to the competitive sealed bid and
				  competitive sealed proposal methods of procurement. If an existing statewide
				  price agreement, an existing contract or, the procurement methods set forth in
				  1.4.1.50
				  through
				  1.4.1.52
				  NMAC of this rule are not used, the competitive sealed bid or competitive
				  sealed proposal methods shall apply.
New Mexico Administrative Code › Title 1 - GENERAL GOVERNMENT ADMINISTRATION › Chapter 4 - STATE PROCUREMENT › Part 1 - PROCUREMENT CODE REGULATIONS › Section 1.4.1.49 - DIVISION OF REQUIREMENTS

Current through Register Vol. 35, No. 13, July 16, 2024
Procurement requirements shall not be artificially divided so
				  as to constitute a small purchase under
				  1.4.1.48
				  through
				  1.4.1.52
				  NMAC of this rule.
New Mexico Administrative Code › Title 1 - GENERAL GOVERNMENT ADMINISTRATION › Chapter 4 - STATE PROCUREMENT › Part 1 - PROCUREMENT CODE REGULATIONS › Section 1.4.1.50 - SMALL PURCHASES OF $20,000 OR LESS

Current through Register Vol. 35, No. 13, July 16, 2024
A state agency may procure services, construction or items of
				  tangible personal property having a value not exceeding twenty thousand dollars
				  ($20,000) by issuing a direct purchase order to a contractor based upon the
				  best obtainable price and in accordance with any procedures or processes set
				  forth by the state purchasing agent and the state controller.