New Mexico Administrative Code

The statutory authority for adopting these regulations is found in Section 9-7-6.F., NMSA 1978 of the Department of Health Act and Sections 13-1-28, et seq. NMSA 1978 of the Procurement Code.

Permanent.

January 1, 1997, unless a later date is cited at the end of a section or paragraph.

To implement the competitive sealed proposal procurement process mandated by the Procurement Code.

A. "Central purchasing office" means an organizational unit within the department responsible for the control of procurement by competitive sealed proposals. B. "Contract" means any agreement for the procurement of professional services. C. "Department" means the New Mexico depar…

A. The secretary shall designate an organizational unit within the department as the central purchasing office. The central purchasing office shall assist the various units of the department in the procurement process but the award selection shall be made by the unit of the depar…

A. To initiate the process for procurement of professional services, a request for proposals shall be issued soliciting competitive sealed proposals which shall include the following:(1) the specifications for the services or professional services to be procured; (2) all contract…

NM Department of Health, Harolds Runnels Building, 1190 St. Francis Drive, P.O. Box 26110, Santa Fe, NM 87502-6110.

A. Protest must be written: Protests must be in writing and addressed to the contracts officer, administrative services division, department of health, 1190 St. Francis Drive, P.O. Box 26110, Santa Fe, New Mexico 87502-6110. B. Contents: The protest shall: (1) include the name an…

In the event of a timely protest, as defined in Paragraph 10.4 [now Subsection D of 7.1.6.10 NMAC] of this regulation, the central purchasing office or procuring unit of the department shall not proceed further with the procurement unless the central purchasing office or procurin…

Notice to offerors: The hearing officer shall give notice of the protest to the contractor if award has been made or, if no award has been made, to all offerors who appear to have a substantial and reasonable prospect of receiving an award if the protest or appeal is denied.

A. Information generally available: The hearing officer shall, upon written request, make available to any party information bearing on the substance of the protest which has been submitted by the parties, except to the extent that withholding of information is permitted or requi…

A. When held: A conference or hearing on the merits of the protest may be held at the discretion of the hearing officer, with or without the request of the protestant, interested parties or the department. The hearing officer shall establish any necessary procedures for a confere…

A. Written recommendation: The hearing officer shall make a written recommendation on the merits of the protest within ten (10) days or as expeditiously as possible after the receipt of all information or the date of any conference or hearing held on the matter, whichever is late…

A. Prior to award: If, prior to award, the hearing officer makes a recommendation and the department division director or his/her designee makes a determination that a solicitation or proposed award of a contract is in violation of law, then the solicitation or proposed award sha…

A. The hearing officer shall prepare a recommended written decision in the format required by Section 39-3-1.1 NMSA 1978. The recommended written decision shall be approved or disapproved by the department division director or designee within ten days or as expeditiously as possi…

The hearing officer shall not receive, nor shall any person directly or indirectly involved in a protest submit to the hearing officer, ex parte, any evidence explanation, analysis, or advice, when written or oral, regarding any matter at issue in a protest.

General Public

The statutory authority for adopting these regulations is found in Section 9-7-6.F., NMSA 1978 of the Department of Health Act and Section 13-1-174, NMSA 1978 of the Procurement Code.

Permanent

January 1, 1997, unless a later date is cited at the end of a section or paragraph.

To implement the protest process mandated by the Procurement Code.

A. "Central purchasing office" means an organizational unit within the department responsible for the control of procurement by competitive sealed proposals. B. "Contract" means any agreement for the procurement of professional services. C. "Department" means the New Mexico depar…

A. The provisions of this regulation apply to all protests filed with the central purchasing office of the department. B. All definitions as stated in 7 NMAC 1.5 [now 7.1.5 NMAC], "Procurement of Professional Services," shall apply to these regulations. C. When computing time und…

A. Who may file: Any offeror who is aggrieved in connection with a solicitation or award of a professional services contract initiated by the department may protest to the central purchasing office of the department. B. What may be protested: Protestants may protest any procureme…

(Reserved.)

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(Reserved.)