Chapter 13 — Chapter 13

The award and execution of contracts for major construction, including but not limited to roads, bridges, airports, buildings and dams, shall be made by the governing authority of the using agency. The procurement officer responsible for the procurement shall give notice to prosp…

services. A. A construction management services contract may be entered into for any construction or state or local public works project when a state agency or local public body makes a determination that it is in the public's interest to utilize construction management services.…

ANNOTATIONS Repeals. — Laws 1985, ch. 90, § 1, repealed 13-1-101 NMSA 1978, as enacted by Laws 1984, ch. 65, § 74, relating to ownership disclosure, affidavits, filing requirements and contents, effective April 1, 1985.

All procurement shall be achieved by competitive sealed bid pursuant to Sections 13-1-103 through 13-1-110 NMSA 1978, except procurement achieved pursuant to the following sections of the Procurement Code: A. Sections 13-1-111 through 13-1-122 NMSA 1978, competitive sealed propos…

A. An invitation for bids shall be issued and shall include the specifications for the services, construction or items of tangible personal property to be procured, all contractual terms and conditions applicable to the procurement, the location where bids are to be received, the…

A. An invitation for bids or a notice thereof shall be published not less than ten calendar days prior to the date set forth for the opening of bids. In the case of purchases made by the state purchasing agent, the invitation or notice shall be published at least once in at least…

A. Bids shall be unconditionally accepted for consideration for award without alteration or correction, except as authorized in the Procurement Code. In addition to the requirement for the prime contractor and subcontractors to be registered as provided in Section 13-4-13.1 NMSA …

A. A bid containing a mistake discovered before bid opening may be modified or withdrawn by a bidder prior to the time set for bid opening by delivering written or telegraphic notice to the location designated in the invitation for bids as the place where bids are to be received.…

Bids shall be opened publicly in the presence of one or more witnesses at the time and place designated in the invitation for bids. The amount of each bid and each bid item, if appropriate, and such other relevant information as may be specified by the state purchasing agent or a…

A contract solicited by competitive sealed bids shall be awarded with reasonable promptness by written notice to the lowest responsible bidder. Contracts solicited by competitive sealed bids shall require that the bid amount exclude the applicable state gross receipts tax or appl…

History: Laws 2013, ch. 41, § 5.

When the state purchasing agent or a central purchasing office makes a determination that it is impractical to initially prepare specifications to support an award based on price, an invitation for bids may be issued requesting the submission of unpriced offers to be followed by …

When competitive sealed bids are used and two or more of the bids submitted are identical in price and are the low bid, the state purchasing agent or a central purchasing office may: A. award pursuant to the multiple source award provisions of Sections 126 and 127 [13-1-153, 13-1…

A. Except as provided in Subsection G of Section 13-1-119.1 NMSA 1978, when a state agency or a local public body is procuring professional services or a design and build project delivery system, or when the state purchasing agent, a central purchasing office or a designee of eit…

A. Competitive sealed proposals, including competitive sealed qualifications-based proposals, shall be solicited through a request for proposals that shall be issued and shall include: (1) the specifications for the services or items of tangible personal property to be procured; …

Public notice of the request for proposals shall be given in the same manner as provided in Section 77 [13-1-104 NMSA 1978] of the Procurement Code. History: Laws 1984, ch. 65, § 86.

The request for proposals shall state the relative weight to be given to the factors in evaluating proposals. History: Laws 1984, ch. 65, § 87.

Offerors submitting proposals may be afforded an opportunity for discussion and revision of proposals. Revisions may be permitted after submissions of proposals and prior to award for the purpose of obtaining best and final offers. Negotiations may be conducted with responsible o…

The contents of any proposal shall not be disclosed so as to be available to competing offerors during the negotiation process. History: Laws 1984, ch. 65, § 89.

The award shall be made to the responsible offeror or offerors whose proposal is most advantageous to the state agency or a local public body, taking into consideration the evaluation factors set forth in the request for proposals. History: Laws 1984, ch. 65, § 90; 1987, ch. 348,…

bodies; legislative branch; selection and award. A. Each agency within the legislative branch of government operating under the provisions of the Procurement Code and each local public body shall adopt regulations regarding its selection and award of professional services contrac…

bodies; professional technical advisory assistance. A. Any local public body which does not have on staff a licensed professional engineer, surveyor, architect or landscape architect shall have appointed to it or have the appointment waived by the appropriate New Mexico professio…

for the conservation of natural resources. A state agency or a local public body may solicit competitive sealed proposals for a contract that provides for both the design and installation of measures the primary purpose of which is to conserve natural resources, including guarant…

contracts; contract review. All contracts for professional services with state agencies shall be reviewed as to form, legal sufficiency and budget requirements by the general services department if required by the regulations of the department. This section does not apply to cont…

architects; engineers; landscape architects; surveyors; additional requirements. In addition to compliance with the requirements of Sections 13-1-112 through 13-1- 114 and 13-1-116 through 13-1-118 NMSA 1978, a state agency or local public body, when procuring the services of arc…

projects authorized. A. Except for road and highway construction or reconstruction projects, a design and build project delivery system may be authorized when the state purchasing agent or a central purchasing office makes a determination in writing that it is appropriate and in …

projects. Notwithstanding any prohibition on road and highway construction or reconstruction projects in Section 13-1-119.1 NMSA 1978, the department of transportation may use a design and build project delivery system pursuant to Section 13-1-119.1 NMSA 1978. History: Laws 2009,…

architects; engineers; landscape architects; surveyors; selection process. A. For each proposed state public works project, local public works project or construction management contract, the architect, engineer, landscape architect, construction management and surveyor selection…

architects; engineers; landscape architects; surveyors; selection committee; state public works projects. A. For each state public works project, an "architect, engineer, landscape architect and surveyor selection committee" shall be formed with four members as follows: (1) one m…

of architect, engineering, landscape architect and surveying contracts. The secretary or his designee, or the secretary of the highway and transportation department or his designee or a designee of a local public body shall negotiate a contract with the highest qualified business…

Sections 13-1-122.1 through 13-1-122.4 NMSA 1978 may be cited as the "Transportation Construction Manager General Contractor Act". History: 1978 Comp., § 13-1-122.1, enacted by Laws 2022, ch. 12, § 1.

As used in the Transportation Construction Manager General Contractor Act: A. "construction manager general contractor" means a person who, pursuant to a contract with the department, provides preconstruction services, construction management and construction services required fo…

method authorized. A. The secretary may use a construction manager general contractor delivery method on a project if the department makes a written determination that it is appropriate and in the best interest of the department to use this method of project delivery to procure a…

procedure. A. The selection procedure shall use a competitive sealed qualifications-based proposal method that conforms with Sections 13-1-111 through 13-1-117 NMSA 1978 and results in a professional services contract. The contract scope of work shall be divided into two separate…

surveying contracts. A. All contracts between a state agency and an architect for the construction of new buildings or for the remodeling or renovation of existing buildings shall contain the provision that all designs, drawings, specifications, notes and other work developed in …

The secretary shall adopt by regulation an architect rate schedule which shall set the highest permissible rates for each building-type group, which shall be defined in the regulations. The rate schedule shall be in effect upon the approval of the state board of finance and compl…

Sections 13-1-124.1 through 13-1-124.5 NMSA 1978 may be cited as the "Educational Facility Construction Manager At Risk Act". History: Laws 2007, ch. 141, § 3.

The provisions of the Educational Facility Construction Manager At Risk Act [13-1- 124.1 to 13-1-124.5 NMSA 1978] apply to contracts for the construction of educational facilities if the governing body chooses, pursuant to the provisions of that act, to use the services of a cons…

As used in the Educational Facility Construction Manager At Risk Act [13-1-124.1 to 13-1-124.5 NMSA 1978]: A. "construction manager at risk" means a person who, pursuant to a contract with a governing body, provides the preconstruction services and construction management require…

authorized; multiphase selection procedure. A. A construction manager at risk delivery method may be used when a governing body determines that it is in its interest to use that method on a specific educational facility construction project, provided that the construction manager…

following award of project. A. The contract with the construction manager at risk shall specify: (1) the guaranteed maximum price; and (2) the percentage of the guaranteed price that the construction manager at risk will perform with its own work force. B. The construction manage…

A. A central purchasing office shall procure services, construction or items of tangible personal property having a value not exceeding sixty thousand dollars ($60,000), excluding applicable state and local gross receipts taxes, in accordance with the applicable small purchase ru…

A. 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 determines, in writing, that: (1) there is only one source for the required service, constr…

A. At least thirty days before it awards a sole source contract, the state purchasing agent shall post notice of its intent to award the contract on its website. At least thirty days before it awards a sole source contract, a central purchasing office shall post notice of its int…

notice. A. The state purchasing agent or a central purchasing office may only make an emergency procurement when the service, construction or item of tangible personal property procured: (1) is needed immediately to: (a) control a serious threat to public health, welfare, safety …

award to agency web site and sunshine portal; content and submission of record. A. Prior to award of a sole source procurement contract, the state purchasing agent or central purchasing office shall: (1) provide the information described in Subsection E of this section to the dep…

A. Notwithstanding the requirements of Sections 13-1-102 through 13-1-118 NMSA 1978, the state purchasing agent or a central purchasing office may contract for services, construction or items of tangible personal property without the use of competitive sealed bids or competitive …

A. Without regard to the bid requirements of Section 75 [13-1-102 NMSA 1978] of the Procurement Code, a central purchasing office may negotiate a contract for materials grown, processed or manufactured in this state by small businesses, cooperatives, community self-determination …

proposals; negotiations. An invitation for bids, a request for proposals or any other 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 agency or a local public body. A determination conta…

The state purchasing agent or a central purchasing office may waive technical irregularities in the form of the bid or proposal of the low bidder or offeror which do not alter the price, quality or quantity of the services, construction or items of tangible personal property bid …