New Mexico Administrative Code › Title 1 - GENERAL GOVERNMENT ADMINISTRATION › Chapter 4 - STATE PROCUREMENT › Part 1 - PROCUREMENT CODE REGULATIONS › Section 1.4.1.7 - DEFINITIONS

Current through Register Vol. 35, No. 13, July 16, 2024
A. Most of the terms
				which appear in this rule are defined in the Procurement Code.
B. In these rules and regulations the
				following definitions apply.
(1)
"Anti-poverty program businesses"
means small businesses,
				cooperatives, community self-determination corporations or other such
				enterprises designed and operated to alleviate poverty conditions and aided by
				state or federal antipoverty programs or through private
				philanthropy.
(2)
"Best
				obtainable price"
means that price at which services or goods can be
				purchased which is most advantageous to the purchasing entity; best obtainable
				price can be found by obtaining quotes or other appropriate methods; where
				there is only one vendor available for such a purchase utilizing a direct
				purchase order in accordance with statute (such as an entity requiring dues,
				for example), the price would be the best obtainable price since it is the only
				possible price for that particular procurement.
(3)
"Bidding time"
means the
				period of time between the date the invitation to bid notice is published and
				the date and time set for receipt of bids.
(4)
"Bidder"
means one who
				submits a bid in response to an invitation for bid.
(5)
"Competitive process"
means
				an invitation for bid or request for proposals. Three quotes does not
				constitute a competitive process as the vendors from whom the quotes are
				received are singled out and specifically chosen. Increasing the number of
				quotes does not invalidate this lack of fairness, transparency, and
				competitiveness.
(6)
"Competitive sealed bid"
means the response from a bidder to an
				invitation to bid (ITB).
(7)
"Competitive sealed proposal"
means the response from an offeror
				to a request for proposals (RFP).
(8)
"Contract"
means any
				written, binding agreement for the procurement of items of tangible personal
				property, services or construction. A purchase order alone can be a binding
				contract.
(9)
"Invitation for
				bid (IFB)"
means all documents, including those attached or incorporated
				by reference, used for soliciting competitive sealed bids. Also sometimes
				referred to as an invitation to bid (ITB).
(10)
"Offeror"
means one who
				submits a proposal in response to a request for proposals.
(11)
"Sealed"
means, in terms of
				a non-electronic submission, that the bid or proposal is enclosed in a package
				which is completely fastened in such a way that nothing can be added or
				removed. Open packages submitted will not be accepted except for packages that
				may have been damaged by the delivery service itself. The state reserves the
				right, however, to accept or reject packages where there may have been damage
				done by the delivery service itself. Whether a package has been damaged by the
				delivery service or left unfastened and should or should not be accepted is a
				determination to be made by the procurement manager of any particular
				procurement. In terms of electronic submission, the entire required information
				and accompanying documents for the bid or proposal must be submitted via the
				electronic system being used by the state and by the deadline specified in the
				procurement. The deadline is that minute as stated in the procurement. That is,
				if a submission is due by 3:00 p.m., on a particular day, that deadline means
				3:00:00 p.m., and does not mean 3:00:59 p.m.