reglab/statecodes huggingface dataset:
New Mexico Administrative Code › Title 1 - GENERAL GOVERNMENT ADMINISTRATION › Chapter 4 - STATE PROCUREMENT › Part 1 - PROCUREMENT CODE REGULATIONS › Section 1.4.1.51 - SMALL PURCHASES OF ITEMS OF TANGIBLE PERSONAL PROPERTY, CONSTRUCTION AND NONPROFESSIONAL SERVICES

Current through Register Vol. 35, No. 13, July 16, 2024
A. Quotation to be obtained: Insofar as it is
				practical for small purchases of nonprofessional services, construction or
				items of tangible personal property having a value exceeding twenty thousand
				dollars ($20,000) but not exceeding the value set forth in statute for small
				purchases, and in accordance with any procedures or processes set forth by the
				state purchasing agent and the state controller, no fewer than three businesses
				shall be solicited via written requests containing the specifications for the
				procurement to submit written quotations that are recorded and placed in the
				procurement file. Such notations as "does not carry" or "did not return my
				phone call" do not qualify as a valid quotation. The central nonprofit agency's
				declining to offer to perform a particular service does not qualify as a valid
				quotation; it is, in fact, the refusal to provide a quotation. If the lowest
				quotation is not acceptable, the central purchasing office must issue a written
				determination as to the reasons for such a decision. These reasons must not be
				arbitrary or capricious. The written determination becomes a part of the
				procurement file.
B. Disclosure:
				Prior to award, the contents of any response to a quotation shall not be
				disclosed to any other business from which the same request for quotation is
				also being solicited. Award in this context means the final required state
				agency signature on the contract(s) or purchase order resulting from the
				procurement.
C. Award: Award shall
				be made to the responsible and responsive business offering the lowest
				acceptable quotation.
D. Records:
				The names of the businesses submitting quotations and the date and the amount
				of each quotation shall be recorded and maintained as a public
				record.
New Mexico Administrative Code › Title 1 - GENERAL GOVERNMENT ADMINISTRATION › Chapter 4 - STATE PROCUREMENT › Part 1 - PROCUREMENT CODE REGULATIONS › Section 1.4.1.52 - SMALL PURCHASES OF PROFESSIONAL SERVICES

Current through Register Vol. 35, No. 13, July 16, 2024
A. Application: A central purchasing office
				may procure professional services having a value not to exceed the value set
				forth in statute for small purchases of professional services, except for the
				services of architects, engineers, landscape architects, or surveyors for state
				public works projects, as that term is defined in Section
				13-1-91
				NMSA 1978, in accordance with Subsections B, C, and D of this section and
				1.4.10 NMAC.
B. Examination of
				offeror list: Before contacting any business, a central purchasing office is
				encouraged to examine the state purchasing agent's current list of registered
				offerors, if any. Central purchasing offices are encouraged to contact at least
				three businesses for written offers before selecting a contractor.
C. Negotiations: A central purchasing office
				shall negotiate a contract for the required services at a fair and reasonable
				price to the state agency.
D.
				Disclosure: If more than one business is contacted, the contents of the written
				or oral offer of one business shall not be disclosed to another business until
				award is made. 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 1.4.1.53 - APPLICATION (SOLE SOURCE PROCUREMENTS, 1.4.1.53 - 1.4.1.57 NMAC)

Current through Register Vol. 35, No. 13, July 16, 2024
The provisions of 1.4.1.53 through
				  1.4.1.57
				  NMAC of this rule apply to all sole source procurements unless emergency
				  conditions exist as defined in
				  1.4.1.59
				  NMAC of this rule.
New Mexico Administrative Code › Title 1 - GENERAL GOVERNMENT ADMINISTRATION › Chapter 4 - STATE PROCUREMENT › Part 1 - PROCUREMENT CODE REGULATIONS › Section 1.4.1.54 - SOLE SOURCE PROCUREMENT OF ITEMS OF TANGIBLE PERSONAL PROPERTY, CONSTRUCTION AND NONPROFESSIONAL SERVICES

Current through Register Vol. 35, No. 13, July 16, 2024
A. Conditions for use: A contract may be
				awarded without competitive sealed bids or competitive sealed proposals,
				regardless of the estimated cost, when the state purchasing agent or a central
				purchasing office, employing due diligence, determines, in writing, that:
(1) there is only one source for the required
				service, construction or item of tangible personal property;
(2) the service, construction or item of
				tangible personal property is unique and this uniqueness is substantially
				related to the intended purpose of the contract; and
(3) other similar services, construction or
				items of tangible personal property cannot meet the intended purpose of the
				contract.
New Mexico Administrative Code › Title 1 - GENERAL GOVERNMENT ADMINISTRATION › Chapter 4 - STATE PROCUREMENT › Part 1 - PROCUREMENT CODE REGULATIONS › Section 1.4.1.57 - RECORDS OF SOLE SOURCE PROCUREMENTS

Current through Register Vol. 35, No. 13, July 16, 2024
The state purchasing agent or central purchasing office
				  shall maintain records of sole source procurements for a period as required by
				  the commission of public records, state records center and archives statutes
				  and rules. The party responsible for the procurement must retain the records.
				  Posting such procurements on the state purchasing agent's website does not
				  remove the central purchasing office's or a local public body's responsibility
				  to maintain these records if the central purchasing office or a local public
				  body was responsible for the procurement. The record of each such procurement
				  shall be a public record and shall contain:
A. the contractor's name and
				address;
B. the amount and term of
				the contract;
C. a listing of the
				services, construction, or items of tangible personal property procured under
				the contract; and
D. the
				justification for the procurement method which shall include any written
				determinations and written approvals required by any provision of
				1.4.1.53
				through 1.4.1.57 NMAC of this rule.
New Mexico Administrative Code › Title 1 - GENERAL GOVERNMENT ADMINISTRATION › Chapter 4 - STATE PROCUREMENT › Part 1 - PROCUREMENT CODE REGULATIONS › Section 1.4.1.58 - APPLICATION (EMERGENCY PROCUREMENTS, 1.4.1.58 - 1.4.1.64 NMAC)

Current through Register Vol. 35, No. 13, July 16, 2024
The provisions of 1.4.1.58 through
				  1.4.1.64
				  NMAC of this rule apply to every procurement made under emergency conditions
				  that will not permit other source selection methods to be
				  used.
New Mexico Administrative Code › Title 1 - GENERAL GOVERNMENT ADMINISTRATION › Chapter 4 - STATE PROCUREMENT › Part 1 - PROCUREMENT CODE REGULATIONS › Section 1.4.1.59 - DEFINITION OF EMERGENCY CONDITIONS

Current through Register Vol. 35, No. 13, July 16, 2024
Refer to Section
				  13-1-127
				  NMSA 1978 for conditions allowing for the use of an emergency
				  procurement.
New Mexico Administrative Code › Title 1 - GENERAL GOVERNMENT ADMINISTRATION › Chapter 4 - STATE PROCUREMENT › Part 1 - PROCUREMENT CODE REGULATIONS › Section 1.4.1.60 - SCOPE OF EMERGENCY PROCUREMENTS

Current through Register Vol. 35, No. 13, July 16, 2024
Emergency procurements shall be limited to those services,
				  construction, or items of tangible personal property necessary to meet the
				  emergency. Such procurement shall not include the purchase or lease-purchase of
				  heavy road equipment.
New Mexico Administrative Code › Title 1 - GENERAL GOVERNMENT ADMINISTRATION › Chapter 4 - STATE PROCUREMENT › Part 1 - PROCUREMENT CODE REGULATIONS › Section 1.4.1.61 - AUTHORITY TO MAKE EMERGENCY PROCUREMENTS

Current through Register Vol. 35, No. 13, July 16, 2024
The state purchasing agent or a central purchasing office,
				  employing due diligence, may make emergency procurements when an emergency
				  condition arises; provided that emergency procurements shall be made with such
				  competition as is practicable under the circumstances.
New Mexico Administrative Code › Title 1 - GENERAL GOVERNMENT ADMINISTRATION › Chapter 4 - STATE PROCUREMENT › Part 1 - PROCUREMENT CODE REGULATIONS › Section 1.4.1.62 - PROCEDURE

Current through Register Vol. 35, No. 13, July 16, 2024
The procedure used shall be selected to assure that the
				  required services, construction, or items of tangible personal property are
				  procured in time to meet the emergency. Given this constraint, such competition
				  as is practicable shall be obtained.
New Mexico Administrative Code › Title 1 - GENERAL GOVERNMENT ADMINISTRATION › Chapter 4 - STATE PROCUREMENT › Part 1 - PROCUREMENT CODE REGULATIONS › Section 1.4.1.63 - WRITTEN DETERMINATION AND POSTING REQUIRED

Current through Register Vol. 35, No. 13, July 16, 2024
A written determination of the basis for the emergency
				  procurement shall be made containing the information set forth in statute and
				  listed on the form issued by the state purchasing agent and available on the
				  state purchasing agent's website. Within three business days of awarding an
				  emergency procurement, the awarding central purchasing office within a state
				  agency shall:
A. provide the
				information required by statute to the department of information technology for
				posting on the sunshine portal; and
B. forward the same information to the
				legislative finance committee.
New Mexico Administrative Code › Title 1 - GENERAL GOVERNMENT ADMINISTRATION › Chapter 4 - STATE PROCUREMENT › Part 1 - PROCUREMENT CODE REGULATIONS › Section 1.4.1.64 - RECORDS OF EMERGENCY PROCUREMENTS

Current through Register Vol. 35, No. 13, July 16, 2024
The state purchasing agent or central purchasing office
				  shall maintain records of emergency procurements for a period as required by
				  the commission of public records, state records center and archives statutes
				  and rules. The party responsible for the procurement must retain the records.
				  Posting such procurements on the state purchasing agent's website does not
				  remove the central purchasing office's responsibility to maintain these records
				  if the central purchasing office was responsible for the procurement. The
				  record of each such procurement shall be a public record and shall
				  contain:
A. the contractor's name and
				address;
B. the amount and term of
				the contract;
C. a listing of the
				services, construction, or items of tangible personal property procured under
				the contract; and
D. the
				justification for the procurement method.
New Mexico Administrative Code › Title 1 - GENERAL GOVERNMENT ADMINISTRATION › Chapter 4 - STATE PROCUREMENT › Part 1 - PROCUREMENT CODE REGULATIONS › Section 1.4.1.65 - PROCUREMENT UNDER EXISTING CONTRACTS AUTHORIZED

Current through Register Vol. 35, No. 13, July 16, 2024
The state purchasing agent or a central purchasing office
				  may contract for services, professional services, construction, or items of
				  tangible personal property without the use of competitive sealed bids or
				  competitive sealed proposals as follows:
A. at a price equal to or less than the
				contractor's current federal supply contract (GSA), providing the contractor
				has indicated in writing a willingness to extend the contract's pricing, terms
				and conditions to the state agency and the purchase order adequately identifies
				the contract relied upon; or
B.
				with a business which has a current price agreement with the state purchasing
				agent or a central purchasing office for the item, services, or construction
				meeting the same standards and specifications as the items to be procured, if
				the following conditions are met:
(1) the
				total quantity purchased does not exceed the quantity which may be purchased
				under the applicable price agreement; and
(2) the purchase order adequately identifies
				the price agreement relied upon;
New Mexico Administrative Code › Title 1 - GENERAL GOVERNMENT ADMINISTRATION › Chapter 4 - STATE PROCUREMENT › Part 1 - PROCUREMENT CODE REGULATIONS › Section 1.4.1.66 - LIMITATION ON SUBSECTION A OF 1.4.1.65 OF THIS RULE RELATING TO GSA CONTRACTS

Current through Register Vol. 35, No. 13, July 16, 2024
It should be understood, the state is not authorized to
				  utilize a GSA contract per se. It is imperative, therefore, that the
				  contractor, not a dealer or distributor, who has a current GSA contract
				  indicate in writing a willingness to extend the contract's pricing, terms and
				  conditions to the state of New Mexico. Therefore, a state agency shall not
				  procure services, construction or items of tangible personal property directly
				  under a general services administration (GSA) contract. Rather, a state agency
				  must procure pursuant to a state purchasing agent price agreement which
				  reflects the prices, terms and conditions of the respective GSA contract. If no
				  such state purchasing agent price agreement exists, a state agency may make a
				  written request to the state purchasing agent for the issuance of one. The
				  request must be accompanied by a current copy of the applicable GSA contract, a
				  letter from the contractor expressing a willingness to extend the contract's
				  pricing, terms and conditions to the state of New Mexico and a letter from the
				  state agency indicating a commitment to utilize the price agreement. The state
				  purchasing agent will ascertain whether it is current and whether the proposed
				  price is equal to or less than the federal supply contract price. If everything
				  is in order, the state purchasing agent will issue a price agreement or
				  purchase order reflecting the prices, terms and conditions of the GSA contract.
				  A state agency shall make no procurements from the GSA contractor until a state
				  purchasing agent price agreement has been issued.
New Mexico Administrative Code › Title 1 - GENERAL GOVERNMENT ADMINISTRATION › Chapter 4 - STATE PROCUREMENT › Part 1 - PROCUREMENT CODE REGULATIONS › Section 1.4.1.67 - COPIES OF CONTRACTS AND PRICE AGREEMENTS

Current through Register Vol. 35, No. 13, July 16, 2024
A central purchasing office shall retain for public
				  inspection and for the use of auditors a copy of each state purchasing agent
				  contract or current price agreement relied upon to make purchases without
				  seeking competitive bids.
New Mexico Administrative Code › Title 1 - GENERAL GOVERNMENT ADMINISTRATION › Chapter 4 - STATE PROCUREMENT › Part 1 - PROCUREMENT CODE REGULATIONS › Section 1.4.1.68 - APPLICATION (CANCELLATION OF SOLICITATIONS OR REJECTION OF BIDS OR PROPOSALS; 1.4.1.68 - 1.4.1.72 NMAC)

Current through Register Vol. 35, No. 13, July 16, 2024
The provisions of 1.4.1.68 through
				  1.4.1.72
				  NMAC of this rule shall govern the cancellation of any solicitations whether
				  issued by the state purchasing agent under competitive sealed bids, competitive
				  sealed proposals, small purchases, or any other source selection method, and
				  rejection of bids or proposals in whole or in part.
New Mexico Administrative Code › Title 1 - GENERAL GOVERNMENT ADMINISTRATION › Chapter 4 - STATE PROCUREMENT › Part 1 - PROCUREMENT CODE REGULATIONS › Section 1.4.1.69 - POLICY

Current through Register Vol. 35, No. 13, July 16, 2024
Any solicitation may be canceled or any or all bids or
				  proposals may be rejected in whole or in part when it is in the best interest
				  of the state of New Mexico.
New Mexico Administrative Code › Title 1 - GENERAL GOVERNMENT ADMINISTRATION › Chapter 4 - STATE PROCUREMENT › Part 1 - PROCUREMENT CODE REGULATIONS › Section 1.4.1.70 - CANCELLATION OF SOLICITATIONS OR REJECTION OF ALL BIDS OR PROPOSALS

Current through Register Vol. 35, No. 13, July 16, 2024
A. Prior to opening:
(1) As used in this section, "opening" means
				the date set for opening of bids or receipt of proposals.
(2) Prior to opening, a solicitation may be
				canceled in whole or in part when the state purchasing agent or central
				purchasing office makes a written determination that such action is in the
				state's best interest for reasons including but not limited to:
(a) the services, construction, or items of
				tangible personal property are no longer required;
(b) the using agency no longer can reasonably
				expect to fund the procurement; or
(c) proposed amendments to the solicitation
				would significantly change the nature of the procurement.
(3) When a solicitation is canceled prior to
				opening, notice shall be sent to all businesses solicited. The notice shall:
(a) identify the solicitation;
(b) briefly explain the reason for
				cancellation; and
(c) where
				appropriate, explain that an opportunity will be given to compete on any
				resolicitation or any future procurements of similar 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 1.4.1.71 - REJECTION OF INDIVIDUAL BIDS OR PROPOSALS

Current through Register Vol. 35, No. 13, July 16, 2024
A. Reasons for rejection:
(1) Bids. As used in this section, "bid"means
				competitive sealed bids. Reasons for rejecting a bid shall include but are not
				limited to:
(a) the business that submitted
				the bid is nonresponsible as determined under
				1.4.1.73
				NMAC of this rule;
(b) the bid is
				not responsive; or
(c) the service,
				construction, or item of tangible personal property offered in the bid is
				unacceptable by reason of its failure to meet the requirements of the
				specifications, or permissible alternates, or other acceptability criteria set
				forth in the IFB.
New Mexico Administrative Code › Title 1 - GENERAL GOVERNMENT ADMINISTRATION › Chapter 4 - STATE PROCUREMENT › Part 1 - PROCUREMENT CODE REGULATIONS › Section 1.4.1.72 - "ALL OR NONE" BIDS

Current through Register Vol. 35, No. 13, July 16, 2024
When the term "all or none" is used:
A. By the purchaser in a solicitation: A
				solicitation may require bidders to submit bids or offers on all items listed
				in the solicitation, or may identify certain groups of items in which all items
				must be bid. If the solicitation is properly so limited, a bidder's failure to
				bid all items identified as "all or none" items may render the bid
				nonresponsive.
B. By the bidder or
				offeror, and not the purchaser: If the bidder restricts acceptance of the bid,
				or a portion thereof, by such a statement as "all or none", the bidder has
				"qualified" the offer which may render the bid as nonresponsive.
C. In instances as stated in both Subsections
				A and B of this section such a bid or offer may be accepted only if the state
				purchasing agent or a central purchasing office issues a determination setting
				forth the basis for accepting the bid or offer as being in the best interest of
				the state. Also in both instances, the bid or offer is only eligible for award
				if it is the overall low bid for the item or items so restricted.
New Mexico Administrative Code › Title 1 - GENERAL GOVERNMENT ADMINISTRATION › Chapter 4 - STATE PROCUREMENT › Part 1 - PROCUREMENT CODE REGULATIONS › Section 1.4.1.73 - APPLICATION (RECEIPT; INSPECTION; ACCEPTANCE OR REJECTION OF DELIVERIES; 1.4.1.73 - 1.4.1.74 NMAC)

Current through Register Vol. 35, No. 13, July 16, 2024
The using agency is responsible for inspecting and accepting
				  or rejecting deliveries.
A. The using
				agency shall determine whether the quantity is as specified in the purchase
				order or contract.
B. The using
				agency shall determine whether the quality conforms to the specifications
				referred to or included in the purchase order or contract.
C. If inspection reveals that the delivery
				does not meet or conform to the quantity or quality specified in the purchase
				order or contract, the using agency shall notify the vendor that the delivery
				has been rejected and shall order the vendor to promptly make a satisfactory
				replacement or supplementary delivery.
D. In case the vendor fails to comply, the
				using agency shall promptly file a purchasing complaint with the state
				purchasing agent.
E. Also, in case
				the vendor fails to comply, the using agency shall have no obligation to pay
				for the nonconforming delivery.
F.
				If the delivery does conform to the quantity and quality specified in the
				purchase order or contract, the using agency shall certify that delivery has
				been completed and is satisfactory.
New Mexico Administrative Code › Title 1 - GENERAL GOVERNMENT ADMINISTRATION › Chapter 4 - STATE PROCUREMENT › Part 1 - PROCUREMENT CODE REGULATIONS › Section 1.4.1.74 - SUMMARY

Current through Register Vol. 35, No. 13, July 16, 2024
Notwithstanding the requirements of
				  1.4.1.73
				  NMAC, if, after delivery and acceptance of the delivery, the delivery or a
				  portion thereof is later found to be non-conforming to the specifications
				  referred to or included in the purchase order or contract, such acceptance does
				  not waive any rights or remedies which are otherwise granted to the buyer in
				  accordance with other applicable sections of laws of New
				  Mexico.
New Mexico Administrative Code › Title 1 - GENERAL GOVERNMENT ADMINISTRATION › Chapter 4 - STATE PROCUREMENT › Part 1 - PROCUREMENT CODE REGULATIONS › Section 1.4.1.75 - APPLICATION (RESPONSIBILITY OF BIDDERS AND OFFERORS; 1.4.1.75 - 1.4.1.79 NMAC)

Current through Register Vol. 35, No. 13, July 16, 2024
A determination of responsibility or non-responsibility shall
				  be governed by 1.4.1 75 through
				  1.4.1.79
				  NMAC.
New Mexico Administrative Code › Title 1 - GENERAL GOVERNMENT ADMINISTRATION › Chapter 4 - STATE PROCUREMENT › Part 1 - PROCUREMENT CODE REGULATIONS › Section 1.4.1.76 - STANDARDS OF RESPONSIBILITY

Current through Register Vol. 35, No. 13, July 16, 2024
A.
				Standards for bidders: Factors to be considered in determining whether the
				standard of responsibility has been met include whether a bidder has:
(1) submitted a responsive bid;
(2) adequate financial resources, production
				or service facilities, personnel, service reputation and experience to make
				satisfactory delivery of the services, construction, or items of tangible
				personal property described in the IFB;
(3) a satisfactory record of
				performance;
(4) a satisfactory
				record of integrity;
(5) qualified
				legally to contract with the state; and
(6) supplied all necessary information and
				data in connection with any inquiry concerning responsibility.
New Mexico Administrative Code › Title 1 - GENERAL GOVERNMENT ADMINISTRATION › Chapter 4 - STATE PROCUREMENT › Part 1 - PROCUREMENT CODE REGULATIONS › Section 1.4.1.77 - ABILITY TO MEET STANDARDS

Current through Register Vol. 35, No. 13, July 16, 2024
A bidder or offeror may demonstrate the availability of
				  adequate financial resources, production or service facilities, personnel and
				  experience by submitting, upon request:
A. evidence that the bidder or offeror
				possesses the necessary items;
B.
				acceptable plans to subcontract for the necessary items; or
C. a documented commitment from, or explicit
				arrangement with, a satisfactory source to provide the necessary
				items.
New Mexico Administrative Code › Title 1 - GENERAL GOVERNMENT ADMINISTRATION › Chapter 4 - STATE PROCUREMENT › Part 1 - PROCUREMENT CODE REGULATIONS › Section 1.4.1.78 - INQUIRY BY PROCUREMENT OFFICER

Current through Register Vol. 35, No. 13, July 16, 2024
Before awarding a contract, the procurement officer or
				  procurement manager must be satisfied that the bidder or offeror is
				  responsible. Therefore, a bidder or offeror shall supply information and data
				  requested by the procurement officer concerning the responsibility of the
				  bidder or offeror. The unreasonable failure of a bidder or offeror to promptly
				  supply information or data in connection with such an inquiry is grounds for a
				  determination that the bidder or offeror is not responsible.
New Mexico Administrative Code › Title 1 - GENERAL GOVERNMENT ADMINISTRATION › Chapter 4 - STATE PROCUREMENT › Part 1 - PROCUREMENT CODE REGULATIONS › Section 1.4.1.79 - DETERMINATION REQUIRED

Current through Register Vol. 35, No. 13, July 16, 2024
If a bidder or offeror who otherwise would have been awarded
				  a contract is found to be non-responsible, a written determination, setting
				  forth the basis of the finding, shall be prepared by the state purchasing agent
				  or central purchasing office. The written determination shall be made part of
				  the procurement file, and a copy of the determination shall be sent to the
				  non-responsible bidder or offeror.
New Mexico Administrative Code › Title 1 - GENERAL GOVERNMENT ADMINISTRATION › Chapter 4 - STATE PROCUREMENT › Part 1 - PROCUREMENT CODE REGULATIONS › Section 1.4.1.80 - APPLICABILITY (PROTESTS; 1.4.1.80 - 1.4.1.93 NMAC)

Current through Register Vol. 35, No. 13, July 16, 2024
The provisions of 1.4.1.80 through
				  1.4.1.93 NMAC of
				  this rule apply to all protests filed with the state purchasing agent and all
				  central purchasing offices that have not adopted regulations for resolving
				  protests. Central purchasing offices with rulemaking authority, other than the
				  state purchasing agent, may adopt regulations for resolving protests filed
				  within their jurisdictions.
New Mexico Administrative Code › Title 1 - GENERAL GOVERNMENT ADMINISTRATION › Chapter 4 - STATE PROCUREMENT › Part 1 - PROCUREMENT CODE REGULATIONS › Section 1.4.1.81 - RIGHT TO PROTEST

Current through Register Vol. 35, No. 13, July 16, 2024
Any bidder or offeror who is aggrieved in connection with a
				  solicitation or award of a contract, including a sole source procurement, may
				  protest to the state purchasing agent or central purchasing
				  office.
New Mexico Administrative Code › Title 1 - GENERAL GOVERNMENT ADMINISTRATION › Chapter 4 - STATE PROCUREMENT › Part 1 - PROCUREMENT CODE REGULATIONS › Section 1.4.1.82 - FILING OF PROTEST

Current through Register Vol. 35, No. 13, July 16, 2024
A. Protest must
				be written: Protests must be in writing and addressed to the state purchasing
				agent or central purchasing office, whichever has control and administration
				over the procurement.
B. Contents:
				The protest shall:
(1) include the name and
				address of the protestant;
(2)
				include the solicitation number;
(3) contain a statement of the grounds for
				protest;
(4) include supporting
				exhibits, evidence or documents to substantiate any claim unless not available
				within the filing time in which case the expected availability date shall be
				indicated; and
(5) specify the
				ruling requested from the state purchasing agent or central purchasing
				office.
New Mexico Administrative Code › Title 1 - GENERAL GOVERNMENT ADMINISTRATION › Chapter 4 - STATE PROCUREMENT › Part 1 - PROCUREMENT CODE REGULATIONS › Section 1.4.1.83 - PROCUREMENTS AFTER PROTEST

Current through Register Vol. 35, No. 13, July 16, 2024
A. In the
				event of a timely protest, as defined in Subsection D of
				1.4.1.82 NMAC
				of this rule, the state purchasing agent or central purchasing office shall not
				proceed further with the procurement unless the state purchasing agent or
				central purchasing office makes a written determination that the award of the
				contract is necessary to protect substantial interests of a state agency. Such
				written determination should set forth the basis for the determination. As used
				in
				1.4.1.80
				through
				1.4.1.93 NMAC of
				this rule, the point in time in which a contract is awarded is that point at
				which a legally enforceable contract is created unless the context clearly
				requires a different meaning. Award in this context means the final required
				state agency signature on the contract(s) resulting from the
				procurement.
B. A procurement shall
				not be halted after a contract has been awarded merely because a protest has
				been filed. After a contract has been awarded, the state purchasing agent or
				central purchasing office may, in its sole discretion, halt a procurement in
				exceptional circumstances or for good cause shown.
New Mexico Administrative Code › Title 1 - GENERAL GOVERNMENT ADMINISTRATION › Chapter 4 - STATE PROCUREMENT › Part 1 - PROCUREMENT CODE REGULATIONS › Section 1.4.1.84 - PROCEDURE

Current through Register Vol. 35, No. 13, July 16, 2024
A. Upon the filing of a
				timely protest, the state purchasing agent or central purchasing office shall
				give notice of the protest to the contractor if award has been made or, if no
				award has been made, to all bidders or offerors who appear to have a
				substantial and reasonable prospect of receiving an award if the protest is
				denied.
B. The protestant and every
				business that receives notice pursuant to Subsection A of this section will
				automatically be parties to any further proceedings before the state purchasing
				agent or central purchasing office. In addition, any other person or business
				may move to intervene at any time during the course of the proceedings.
				Intervention will be granted upon a showing of a substantial interest in the
				outcome of the proceedings. Interveners shall accept the status of the
				proceedings at the time of their intervention; in particular, they must abide
				by all prior rulings and accept all previously established time schedules. The
				state purchasing agent or central purchasing office, and all employees thereof,
				are not parties to the proceedings.
C. The state purchasing agent or central
				purchasing office may take any action reasonably necessary to resolve a
				protest. Such actions include, but are not limited to, the following:
(1) issue a final written determination
				summarily dismissing the protest;
(2) obtain information from the staff of the
				state purchasing agent or central purchasing office;
(3) require parties to produce for
				examination information or witnesses under their control;
(4) require parties to express their
				positions on any issues in the proceedings;
(5) require parties to submit legal briefs on
				any issues in the proceeding;
(6)
				establish procedural schedules;
(7)
				regulate the course of the proceedings and the conduct of any
				participants;
(8) receive, rule on,
				exclude or limit evidence;
(9) take
				official notice of any fact that is among the traditional matters of official
				or administrative notice;
(10)
				conduct hearings; and
(11) take any
				action reasonably necessary to compel discovery or control the conduct of
				parties or witnesses.
New Mexico Administrative Code › Title 1 - GENERAL GOVERNMENT ADMINISTRATION › Chapter 4 - STATE PROCUREMENT › Part 1 - PROCUREMENT CODE REGULATIONS › Section 1.4.1.85 - DISCOVERY

Current through Register Vol. 35, No. 13, July 16, 2024
Upon written request of any party, or upon its own motion,
				  the state purchasing agent or central purchasing office may require parties to
				  comply with discovery requests.
New Mexico Administrative Code › Title 1 - GENERAL GOVERNMENT ADMINISTRATION › Chapter 4 - STATE PROCUREMENT › Part 1 - PROCUREMENT CODE REGULATIONS › Section 1.4.1.86 - HEARINGS

Current through Register Vol. 35, No. 13, July 16, 2024
A. Hearings will be
				held only when the state purchasing agent or central purchasing office
				determines that substantial material factual issues are present that cannot be
				resolved satisfactorily through an examination of written documents in the
				record. Any party may request a hearing, but such requests shall be deemed
				denied unless specifically granted.
B. Hearings, when held, should be as informal
				as practicable under the circumstances, but the state purchasing agent or
				central purchasing office has absolute discretion in establishing the degree of
				formality for any particular hearing. In no event is the state purchasing agent
				or central purchasing office required to adhere to formal rules of evidence or
				procedure.
New Mexico Administrative Code › Title 1 - GENERAL GOVERNMENT ADMINISTRATION › Chapter 4 - STATE PROCUREMENT › Part 1 - PROCUREMENT CODE REGULATIONS › Section 1.4.1.87 - RESOLUTION

Current through Register Vol. 35, No. 13, July 16, 2024
A. The state purchasing
				agent or central purchasing office shall promptly issue a written determination
				relating to the protest. The determination shall:
(1) state the reasons for the action taken;
				and
(2) inform the protestant of
				the right to judicial review of the determination pursuant to Section
				13-1-183 NMSA
				1978.
New Mexico Administrative Code › Title 1 - GENERAL GOVERNMENT ADMINISTRATION › Chapter 4 - STATE PROCUREMENT › Part 1 - PROCUREMENT CODE REGULATIONS › Section 1.4.1.88 - RELIEF

Current through Register Vol. 35, No. 13, July 16, 2024
A. Prior to award: If,
				prior to award, the state purchasing agent or central purchasing office makes a
				written determination that a solicitation or proposed award of a contract is in
				violation of law, then the solicitation or proposed award shall be
				canceled.
B. After award:
(1) No fraud or bad faith. If, after an
				award, the state purchasing agent or central purchasing office makes a written
				determination that a solicitation or award of a contract is in violation of law
				and that the business awarded the contract has not acted fraudulently or in bad
				faith:
(a) the contract may be ratified,
				affirmed or revised to comply with law, provided that a written determination
				is made that doing so is in the best interest of the state; or
(b) the contract may be terminated, and the
				business awarded the contract shall be compensated for the actual expenses
				reasonably incurred under the contract plus a reasonable profit prior to
				termination.
New Mexico Administrative Code › Title 1 - GENERAL GOVERNMENT ADMINISTRATION › Chapter 4 - STATE PROCUREMENT › Part 1 - PROCUREMENT CODE REGULATIONS › Section 1.4.1.89 - MOTION FOR RECONSIDERATION

Current through Register Vol. 35, No. 13, July 16, 2024
A.
				Motion: A motion for reconsideration of a written determination issued pursuant
				to
				1.4.1.87 NMAC of this
				rule may be filed by any party or by any using agency involved in the
				procurement. The motion for reconsideration shall contain a detailed statement
				of the factual and legal grounds upon which reversal or modification of the
				determination is deemed warranted, specifying any errors of law made, or
				information not previously considered.
B. When to file: A motion for reconsideration
				shall be filed not later than seven calendar days after receipt of the written
				determination.
C. Response to
				motion: The state purchasing agent or central purchasing office shall promptly
				issue a written response to the motion for reconsideration. A copy of the
				written response shall be sent immediately by certified mail, return receipt
				requested, to each of the contractors, if award has been made or, if no award
				has been made, to all bidders or offerors who appear to have a substantial and
				reasonable prospect of receiving an award if the protest is denied.
New Mexico Administrative Code › Title 1 - GENERAL GOVERNMENT ADMINISTRATION › Chapter 4 - STATE PROCUREMENT › Part 1 - PROCUREMENT CODE REGULATIONS › Section 1.4.1.90 - DESIGNEE

Current through Register Vol. 35, No. 13, July 16, 2024
A. Designation: At any
				point during a protest proceeding, the state purchasing agent or central
				purchasing office may appoint a designee as defined in Section
				13-1-51 NMSA
				1978 to preside over the proceeding. The designee will have all of the powers
				described in
				1.4.1.80
				through
				1.4.1.93 NMAC of
				this rule except the power to issue a written determination under
				1.4.1.87 NMAC of this
				rule. The designee only has authority to recommend a resolution to the state
				purchasing agent or central purchasing office under
				1.4.1.87 NMAC of this
				rule.
B. Who may be designated: Any
				person, other than the procurement officer, procurement manager or other person
				not directly involved in the procurement, may serve as a designee.
C. Recommended written determination: A
				designee shall present a recommended written resolution to the state purchasing
				agent or central purchasing office. No party may appeal from the recommended
				resolution of the designee.
D.
				Action by state purchasing agent or central purchasing office: The state
				purchasing agent or central purchasing office shall approve, disapprove or
				modify the recommended resolution of the designee in writing. Such approval,
				disapproval or modification shall be the written determination required by
				1.4.1.87 NMAC of this
				rule. Any party may file a motion for reconsideration of the written
				determination pursuant to
				1.4.1.89
				NMAC of this rule.
New Mexico Administrative Code › Title 1 - GENERAL GOVERNMENT ADMINISTRATION › Chapter 4 - STATE PROCUREMENT › Part 1 - PROCUREMENT CODE REGULATIONS › Section 1.4.1.91 - FINAL DETERMINATION

Current through Register Vol. 35, No. 13, July 16, 2024
A. No
				motion for reconsideration: In those proceedings in which no motion for
				reconsideration is filed, the written determination issued pursuant to
				1.4.1.87 NMAC of this
				rule shall be the final determination for purposes of the time limits for
				seeking judicial review under Section
				13-1-183 NMSA
				1978.
B. Motion for
				reconsideration: In those proceedings in which a motion for reconsideration is
				filed, the written response to the motion issued pursuant to
				1.4.1.89
				NMAC of this rule shall be the final determination for purposes of the time
				limits for seeking judicial review under Section
				13-1-183 NMSA
				1978.
New Mexico Administrative Code › Title 1 - GENERAL GOVERNMENT ADMINISTRATION › Chapter 4 - STATE PROCUREMENT › Part 1 - PROCUREMENT CODE REGULATIONS › Section 1.4.1.92 - COPIES OF COMMUNICATIONS

Current through Register Vol. 35, No. 13, July 16, 2024
A.
				Copies to be provided to parties: Each party to a protest proceeding shall
				certify that it has provided every other party with copies of all documents or
				correspondence addressed or delivered to the state purchasing agent or central
				purchasing office.
B. Ex parte
				communications: No party shall submit to the state purchasing agent or central
				purchasing office, ex parte, any material, evidence, explanation, analysis, or
				advice, whether written or oral, regarding any matter at issue in a
				protest.
New Mexico Administrative Code › Title 1 - GENERAL GOVERNMENT ADMINISTRATION › Chapter 4 - STATE PROCUREMENT › Part 1 - PROCUREMENT CODE REGULATIONS › Section 1.4.1.93 - COUNTING DAYS

Current through Register Vol. 35, No. 13, July 16, 2024
In computing any period of time prescribed in
				  1.4.1.80
				  through 1.4.1.93 NMAC of this rule, the day of the event from which the
				  designated period of time begins to run shall not be included, but the last day
				  of the period shall be included unless it is a Saturday, a Sunday, or a legal
				  holiday, in which event the period shall run to the end of the next business
				  day.
New Mexico Administrative Code › Title 1 - GENERAL GOVERNMENT ADMINISTRATION › Chapter 4 - STATE PROCUREMENT › Part 1 - PROCUREMENT CODE REGULATIONS › Section 1.4.1.94 - CHIEF PROCUREMENT OFFICER REGISTRATION AND CERTIFICATION

Current through Register Vol. 35, No. 13, July 16, 2024
A. Overview: This
				section applies to chief procurement officers in all state agencies and local
				public bodies.
(1) Statutory Authority. Under
				Section
				9-17-5
				NMSA 1978 and the Procurement Code, Sections 13-1-1 et seq NMSA 1978, the
				general services secretary has authority to promulgate rules and regulations
				relating to this program.
(2)
				Scope. The chief procurement officer registration, certification and
				recertification training program is a state wide program administered by the
				state purchasing agent. Each state agency and local public body shall provide
				to the state purchasing agent the name of and all changes to the name of the
				state agency's or local public body's chief procurement officer and information
				identifying the state agency's or local public body's central purchasing
				office. The state purchasing agent shall maintain a list of the names of chief
				procurement officers reported to the state purchasing agent by state agencies
				and local public bodies. The state purchasing agent shall make the list of
				approved chief procurement officers available to the public through the web
				site of the purchasing division of the general services department and in any
				other appropriate form. It is a violation of statute if state agencies and
				local public bodies do not have a chief procurement officer listed on the state
				purchasing agent list before performing procurements. Section
				13-1-98
				NMSA 1978 shall not reduce the scope of duties, responsibilities or authority
				of the state purchasing agent, nor shall such exemptions exclude state agencies
				and local public bodies from the duties and responsibilities of providing the
				state purchasing agent the name of its certified chief procurement officer. All
				state agencies and local public bodies and their certified chief procurement
				officers are required to comply with all requirements under Sections
				13-1-28
				through
				13-1-199
				NMSA 1978 (amended 2013).
New Mexico Administrative Code › Title 1 - GENERAL GOVERNMENT ADMINISTRATION › Chapter 4 - STATE PROCUREMENT › Part 1 - PROCUREMENT CODE REGULATIONS › Section 1.4.1.95 - STATE USE ACT

Current through Register Vol. 35, No. 13, July 16, 2024
A. Procurement of
				services: In regard to the procurement of services, before utilizing any other
				procurement method allowed under the Procurement Code, a state agency or local
				public body shall first offer the procurement to the central non-profit agency
				under contract with the state. The central non-profit agency has the right of
				first refusal for any procurement of services provided that the service is
				stated on a list provided and published by the central non-profit agency and
				provided that the provider can meet the time requirements of the state
				agency.
B. Central non-profit
				agency: The central non-profit agency shall:
(1) publish the list of services available
				through the central non-profit agency on a website available to all state
				agencies and local public bodies;
(2) ensure that all service providers on this
				list meet the eligibility requirements to offer services under Section
				13-1C-1
				et. seq., NMSA 1978; and
(3) ensure
				that the prices offered to state agencies and local public bodies reflect the
				fair market value of such services in accordance with Section
				13-1C-5
				NMSA 1978;
(4) provided that, under
				Section
				13-1C-6
				NMSA 1978, services provided pursuant to and facilities covered by Section
				22-14-27
				NMSA 1978 are excluded from procurement through the central non-profit
				agency.
New Mexico Administrative Code › Title 1 - GENERAL GOVERNMENT ADMINISTRATION › Chapter 4 - STATE PROCUREMENT › Part 2 - RESIDENT BUSINESS AND MANUFACTURER PREFERENCES › Section 1.4.2.2 - SCOPE

Current through Register Vol. 35, No. 13, July 16, 2024
All executive branch state agencies
A. Applicability. Except as provided in
				Subsection 2.2 [now Subsection B of 1.4.2.2 NMAC], this rule applies to all
				competitive-sealed-bid procurements and all competitive-price-quote small
				purchases by state agencies and local public bodies.
B. Inapplicability. This rule does not apply
				in the following situations:
(1) when a
				procurement method other than competitive sealed bids (or competitive price
				quotes for small purchases) is used; or
(2) when a public works construction contract
				is being procured; or
(3) when the
				expenditure of federal funds designated for a specific purchase is involved;
				or
(4) for any bid price greater
				than five million dollars ($5,000,000).
New Mexico Administrative Code › Title 1 - GENERAL GOVERNMENT ADMINISTRATION › Chapter 4 - STATE PROCUREMENT › Part 2 - RESIDENT BUSINESS AND MANUFACTURER PREFERENCES › Section 1.4.2.3 - STATUTORY AUTHORITY

Current through Register Vol. 35, No. 13, July 16, 2024
1978 Comp., Section
				  13-1-21,
				  enacted by Laws 1979, Chapter 72, Section 1, amended by Laws 1981, Chapter 104,
				  Section 1; Laws 1988, Chapter 84, Section 1; Laws 1989, Chapter 310, Section 1;
				  Laws 1995, Chapter 60, Section 1; Laws 1997, Chapter 1, Section 2; Laws 1997,
				  Chapter 2, Section 2; Laws 1997, Chapter 3, Section 1.
New Mexico Administrative Code › Title 1 - GENERAL GOVERNMENT ADMINISTRATION › Chapter 4 - STATE PROCUREMENT › Part 2 - RESIDENT BUSINESS AND MANUFACTURER PREFERENCES › Section 1.4.2.5 - EFFECTIVE DATE

Current through Register Vol. 35, No. 13, July 16, 2024
January 15, 1998 unless a later date is cited at the end of a
				  section or paragraph.
New Mexico Administrative Code › Title 1 - GENERAL GOVERNMENT ADMINISTRATION › Chapter 4 - STATE PROCUREMENT › Part 2 - RESIDENT BUSINESS AND MANUFACTURER PREFERENCES › Section 1.4.2.6 - OBJECTIVE

Current through Register Vol. 35, No. 13, July 16, 2024
Section
				  13-1-22
				  NMSA 1978 is titled "resident business and manufacturer certification;
				  application; information" and states in relevant part, "no resident business or
				  resident manufacturer, as those terms are defined in Section
				  13-1-21
				  NMSA 1978, shall be given any preference in the awarding of contracts for
				  furnishing materials or services to a state agency, unless the resident
				  business or resident manufacturer shall have qualified with the state
				  purchasing agent as a resident business or resident manufacturer, or both, by
				  making application to the state purchasing agent and receiving from him a
				  certification number." Therefore, the objective of this rule is to establish a
				  process for a resident business or resident manufacturer to attain a
				  certification number.
New Mexico Administrative Code › Title 1 - GENERAL GOVERNMENT ADMINISTRATION › Chapter 4 - STATE PROCUREMENT › Part 2 - RESIDENT BUSINESS AND MANUFACTURER PREFERENCES › Section 1.4.2.7 - 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 the qualifying business
				through ownership of voting securities representing a majority of the total
				voting power of the entity.
B.
				"Principal place of business" means the place in which a business:
(1) earns the largest percentage of its
				revenues; and
(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.