51,436 sections across 3,184 New Mexico regulatory chapters.
R.1.4.10-1.4.10.8 DELEGATION OF APPROVAL AUTHORITY
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A. The bureau shall review all contracts and contract amendments for professional services with state agencies as to form and budgetary requirements. B. The bureau shall consult with the department's legal counsel as needed regarding any issues of legal sufficiency of a state age…
R.1.4.10-1.4.10.9 FORM AND SUBMISSION
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A. All contracts and subsequent amendments shall be in a form and contain such provisions and signatures as required by the bureau, including but not limited to, a scope of work consistent with the request for proposals issued by the state agency if the contract was procured by a…
R.1.4.2-1.4.2.1 ISSUING AGENCY
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General Services Department, State Purchasing Division
R.1.4.2-1.4.2.10 REVOCATION OF CERTIFICATION NUMBERS
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A. General. All certification numbers are subject to revocation in accordance with this rule. A certification number does not establish conclusively that the holder of the number is a resident business. Rather, a certification number merely establishes that the state purchasing a…
R.1.4.2-1.4.2.11 PROTESTS
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A. Right to protest. A bidder who is aggrieved in the award of a contract to another bidder, who is relying on a resident business or manufacturer preference, may protest to the central purchasing office responsible for the procurement in accordance with Section 13-1-172 NMSA 197…
R.1.4.2-1.4.2.2 SCOPE
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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…
R.1.4.2-1.4.2.3 STATUTORY AUTHORITY
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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, Se…
R.1.4.2-1.4.2.4 DURATION
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Permanent.
R.1.4.2-1.4.2.5 EFFECTIVE DATE
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January 15, 1998 unless a later date is cited at the end of a section or paragraph.
R.1.4.2-1.4.2.6 OBJECTIVE
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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 …
R.1.4.2-1.4.2.7 DEFINITIONS
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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.…
R.1.4.2-1.4.2.8 APPLICATION OF PREFERENCES
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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 …
R.1.4.2-1.4.2.9 PREQUALIFICATION
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A. Resident business. No business shall be given any preference in the awarding of contracts by a state agency or local public body unless the business has prequalified a resident business by making application to the state purchasing agent and receiving from him a certification …
R.1.4.3-1.4.3.1 ISSUING AGENCY
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General Services Department - State Purchasing Division.
R.1.4.3-1.4.3.10 REVOCATION OF CERTIFICATION NUMBERS
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A. General. All certification numbers are subject to revocation in accordance with this rule. A certification number does not establish conclusively that the holder of the number is a resident contractor. Rather, a certification number merely establishes that the state purchasing…
R.1.4.3-1.4.3.11 PROTESTS
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A. Right to protest. A bidder who is aggrieved in the award of a contract to another bidder, who is relying on the resident contractor preference, may protest to the central purchasing office responsible for the procurement in accordance with Section 13-1-172 NMSA 1978. B. Reside…
R.1.4.3-1.4.3.2 SCOPE
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All executive Branch State Agencies. A. General applicability. This rule applies to all public works construction procurements by state agencies and local public bodies. B. Federal funds. This rule does not apply to federal aid construction projects or when federal funds designat…
R.1.4.3-1.4.3.3 STATUTORY AUTHORITY
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1978 Comp., Section 13-4-2, enacted by Laws 1984, Chapter 66, Section 2, amended by Laws 1988, Chapter 84, Section 3; Laws 1989, Chapter 310, Section 2; Laws 1997, Chapter 2, Section 3; Laws 2001, Chapter 174, Section 1.
R.1.4.3-1.4.3.4 DURATION
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Permanent.
R.1.4.3-1.4.3.5 EFFECTIVE DATE
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11-15-01 unless a later date is cited at the end of a Section.
R.1.4.3-1.4.3.6 OBJECTIVE
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Section 13-4-1 NMSA 1978 is titled "Public Works Contracts" and states in relevant part that, "it is the duty of every office department, institution, board, commission or other governing body or officer thereof of this state or of any political subdivision thereof to award all c…
R.1.4.3-1.4.3.7 DEFINITIONS
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A. "Affiliate" means an entity that directly or indirectly through one or more intermediaries controls, is controlled by or is under common control with a telecommunications company through ownership of voting securities representing a majority of the total voting power of that e…
R.1.4.3-1.4.3.8 APPLICATION OF PREFERENCES
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A. Bids from nonresident contractors and resident contractors. When bids are received only from nonresident contractors and resident contractors and the lowest responsible bid is from a nonresident contractor, the contract shall be awarded to the resident contractor whose bid is …
R.1.4.3-1.4.3.9 PREQUALIFICATION
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A. Prequalification required. No contractor shall be treated as a resident contractor in the awarding of public works by a state agency or local public body unless the contractor has prequalified as a resident contractor by making application to the state purchasing agent and rec…
R.1.4.4-1.4.4.1 ISSUING AGENCY
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General Services Department - State Purchasing Division.
R.1.4.4-1.4.4.2 SCOPE
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All legal notices or advertisements that a governmental entity is required by law, or by the order of any court of record in this state, to publish in newspapers.
R.1.4.4-1.4.4.3 STATUTORY AUTHORITY
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Section 14-11-7 NMSA 1978 was amended by Laws of 1993, Chapter 25, to legalize all notices or advertisements that a governmental entity is required by law, or by the order of any court of record in this state, to publish in newspapers.
R.1.4.4-1.4.4.4 DURATION
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Permanent.
R.1.4.4-1.4.4.5 EFFECTIVE DATE
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February 15, 1999 unless a later date is cited at the end of a section.
R.1.4.4-1.4.4.6 OBJECTIVE
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The rule authorizes the general services department to establish a reasonable rate or rates to be paid to newspaper publishers for publication.
R.1.4.4-1.4.4.7 DEFINITIONS
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[RESERVED]
R.1.4.4-1.4.4.8 PURPOSE
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This rule implements the mandated requirements of Section 14-11-7 NMSA 1978, as amended, and as outlined in 1.4.4.3 NMAC of this rule, the newspaper publisher is entitled to receive no more than: A. $.68 cents ($.68) for each column line of eight point or smaller type for the fir…
R.1.4.4-1.4.4.9 RATE REVIEW
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For the purpose of addressing changes in economic conditions within the newspaper industry, as well as the general economy and inflation, the rate or rates set forth in 1.4.4.3 NMAC of this rule shall be reviewed annually by the secretary of the general services department. If ne…
R.1.4.7-1.4.7.1 ISSUING AGENCY
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General Services Department - State Purchasing Division.
R.1.4.7-1.4.7.10 CONTINUATION OF CURRENT CONTRACTS - RESTRICTIONS ON SUBCONTRACTING
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A. Notwithstanding the debarment, suspension or proposed debarment of a person, a state agency or local public body may continue contracts or subcontracts in existence at the time that the person is debarred, suspended or proposed for debarment unless the governing authority of t…
R.1.4.7-1.4.7.2 SCOPE
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Applicability. This regulation affects all user agencies procuring contracts, other than professional services, through the state purchasing agent, all contractors obtaining or attempting to obtain contracts through the state purchasing agent and all suspensions or debarments by …
R.1.4.7-1.4.7.3 STATUTORY AUTHORITY
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This regulation is based on 13-1-177 through 13-1-180 NMSA 1978.
R.1.4.7-1.4.7.4 DURATION
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Permanent.
R.1.4.7-1.4.7.5 EFFECTIVE DATE
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August 30, 2013, unless a later date is cited at the end of a section.
R.1.4.7-1.4.7.6 OBJECTIVE
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Purpose. The purpose of this regulation is to protect the state from risks associated with awarding contracts to persons having exhibited an inability or unwillingness to perform faithfully contracts awarded to them by the state; and protect substantial state interests and the in…
R.1.4.7-1.4.7.7 DEFINITIONS
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A. "Contractor" means any bidder, offeror or construction contractor, excluding contractors for professional services, who have been awarded or are seeking award of one or more contracts through the state purchasing agent under the provisions of the Procurement Code. "Contractor"…
R.1.4.7-1.4.7.8 POLICY
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The policy of this regulation is to provide reasonable notice and require a fair hearing prior to any debarment of any contractor from consideration for award of contracts.
R.1.4.7-1.4.7.9 DEBARMENT OR SUSPENSION - PROCEDURES
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A. Initiation: The state purchasing agent or a central purchasing agent or a central purchasing office, after reasonable notice to the person involved, shall have authority to recommend to the governing authority of a state agency or a local public body the debarment of a person …
R.1.4.8-1.4.8.1 ISSUING AGENCY
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General Services Department State Purchasing Division.
R.1.4.8-1.4.8.10 RFP PLANNING PROCEDURES
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A. Information required in RFPs. In addition to the information specified in 1.4.1.29 NMAC through 1.4.1.47 NMAC, or otherwise required by 1.4.8 NMAC, an RFP issued pursuant to 1.4.8 NMAC shall include: (1) the core evaluation factors specified in Subsection A of 1.4.8.15 NMAC; (…
R.1.4.8-1.4.8.11 PUBLIC NOTICE
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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.
R.1.4.8-1.4.8.12 PROPOSAL SUBMISSION REQUIREMENTS
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A. Two-part proposal submissions. In addition to any requirements imposed by 1.4.1.29 NMAC through 1.4.1.47 NMAC, or otherwise specified in the request for proposal document, RFPs issued under this rule shall instruct offers to submit two-part, two-volume written proposals. Each …
R.1.4.8-1.4.8.13 PROCEDURES REGARDING SUBCONTRACTORS
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A. Evaluation of subcontractors. To ensure that an RFP secures the best value from a procurement contract, the role and impact of subcontractors proposed for a project may be evaluated in accordance with the requirements of 1.4.8.13 for any project in which subcontractors are use…
R.1.4.8-1.4.8.14 WEIGHT ASSIGNED TO PRICE AND RFP EVALUATION FACTORS
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A. Numerical ratings systems. Numerical ratings systems are required for procurements under 1.4.8 Use of Competitive Sealed Proposals for Construction and Facility Maintenance, Services and Repairs and shall comply with the requirements of 1.4.8.14 NMAC. B. Total available points…
R.1.4.8-1.4.8.15 RFP EVALUATION FACTORS
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A. Core evaluation factors. Each RFP issued pursuant to 1.4.8 NMAC shall include the following core evaluation factors, for both general and subcontractors for which qualification statements are required, with the sub-factors and criteria specified herein: (1) Past performance: (…