New Mexico Administrative Code › Title 1 - GENERAL GOVERNMENT ADMINISTRATION › Chapter 4 - STATE PROCUREMENT › Part 2 - RESIDENT BUSINESS AND MANUFACTURER PREFERENCES › Section 1.4.2.8 - APPLICATION OF PREFERENCES

Current through Register Vol. 35, No. 13, July 16, 2024
A. Bids
				from nonresident businesses and resident businesses. When bids are received
				only from nonresident businesses and resident businesses and the lowest
				responsible bid is from a nonresident business, the contract shall be awarded
				to the resident business whose bid is nearest to the bid price of the otherwise
				low nonresident business bidder if the bid price of the resident bidder is made
				lower than the bid price of the nonresident business when multiplied by a
				factory [
sic
] of 0.95.
B. Bids from nonresident businesses and
				resident manufacturers. When bids are received only from nonresident businesses
				and resident manufacturers and the lowest responsible bid is from a nonresident
				business, the contract shall be awarded to the resident manufacturer whose bid
				is nearest to the bid price of the otherwise low nonresident business bidder if
				the bid price of the resident manufacturer is made lower than the bid price of
				the nonresident business when multiplied by a factor of 0.95.
C. Bids from resident businesses and resident
				manufacturers. When bids are received only from resident businesses and
				resident manufacturers and the lowest responsible bid is from a resident
				business, the contract shall be awarded to the resident manufacturer whose bid
				is nearest to the bid price of the otherwise low resident business bidder if
				the bid price of the resident manufacturer is made lower than the bid price of
				the resident business when multiplied by a factor of 0.95.
D. Bids from resident manufacturers, resident
				businesses and nonresident businesses and the lowest responsible bid is from a
				resident business. When bids are received from resident manufacturers, resident
				businesses and nonresident businesses and the lowest responsible bid is from a
				resident business, the contract shall be awarded to the resident manufacturer
				whose bid is nearest to the bid price of the otherwise low resident business
				bidder if the bid price of the resident manufacturer is made lower than the bid
				price of the resident business when multiplied by a factor of 0.95.
E. Bids from resident manufacturers, resident
				businesses and nonresident businesses and the lowest responsible bid is from a
				nonresident business. When bids are received from resident manufacturers,
				resident businesses and nonresident businesses and the lowest responsible bid
				is from a nonresident business, the contract shall be awarded to the resident
				manufacturer whose bid is nearest to the bid price of the otherwise low
				nonresident business bidder if the bid price of the resident manufacturer is
				evaluated as lower than the bid price of the nonresident business when
				multiplied by a factor of 0.95. If there is no resident manufacturer eligible
				for award under this provision, then the contract shall be awarded to the
				resident business whose bid is nearest to the bid price of the otherwise low
				nonresident business bidder if the bid price of the resident business is made
				lower than the bid price of the nonresident business when multiplied by a
				factor of 0.95.
(1) When bids are received
				for virgin content goods only or for recycled content goods only, Subsections
				8.3 and 8.4 [now Subsections C and D of 1.4.2.8 NMAC] shall apply.
(2) When bids are received for both recycled
				content goods and virgin content goods and the lowest responsible bid is for
				virgin content goods, the contract shall be awarded to:
(a) a resident manufacturer offering the
				lowest bid on recycled content goods of equal quality if the bid price of the
				resident manufacturer when multiplied by a factor of .90 is made lower than the
				otherwise low virgin content goods bid price;
(b) a resident business offering a bid on
				recycled content goods of equal quality if:
(i) the bid price of no resident manufacturer
				following application of the preference allowed in 8.5.2.1 of this subsection
				[now Subparagraph (a) of Paragraph (2) of Subsection E of 1.4.1.8 NMAC] can be
				made sufficiently low; and
(ii) the
				lowest bid price of the resident business when multiplied by a factor of .90 is
				made lower than the otherwise low virgin content goods bid price; or
(c) a nonresident business or
				nonresident manufacturer offering recycled content goods of equal quality if:
(i) the bid price of no resident business or
				resident manufacturer following application of the preference allowed in
				8.5.2.1 or 8.5.2.2 of this subsection [now Subparagraph (a) or (b) of Paragraph
				(2) of Subsection E of 1.4.2.8 NMAC] can be made sufficiently low;
				and
(ii) the lowest bid price of a
				nonresident offering recycled content goods when multiplied by a factor of .95
				is made lower than the otherwise low virgin content bid price.
(3) When bids are
				received for both recycled content goods and virgin content goods, and the
				lowest responsible bid is for recycled content goods offered by a nonresident
				business or nonresident manufacturer, the contract shall be awarded to:
(a) a resident manufacturer offering the
				lowest bid on recycled content goods of equal quality if the bid price of the
				resident manufacturer when multiplied by a factor of .95 is made lower than the
				otherwise low recycled content goods bid price; or
(b) a resident business offering a bid on
				recycled content goods of equal quality if:
(i) the bid price of no resident manufacturer
				following application of the preference allowed in 8.5.3.1 of this subsection
				can be made sufficiently low; and
(ii) the lowest bid price of the resident
				business when multiplied by a factor of .95 is made lower than the otherwise
				low recycled content goods bid price offered by a nonresident business or
				manufacturer.
(4) When bids are received for both recycled
				content goods and virgin content goods, and the lowest responsible bid is for
				recycled content goods offered by a resident business, the contract shall be
				awarded to a resident manufacturer offering the lowest bid on recycled content
				goods of equal quality if the bid price of the resident manufacturer when
				multiplied by a factor of .95 is made lower than the otherwise low recycled
				content goods bid price.