Chapter 13 — Chapter 13

The state purchasing agent, a central purchasing office or a designee of either shall promptly issue a determination relating to the protest. The determination shall: A. state the reasons for the action taken; and B. inform the protestant of the right to judicial review of the de…

A copy of the determination issued under Section 148 [13-1-175 NMSA 1978] of the Procurement Code shall immediately be mailed to the protestant and other bidders or offerors involved in the procurement. History: Laws 1984, ch. 65, § 149.

A. The state purchasing agent or a central purchasing office, after consultation with the using agency, may suspend a person from consideration for award of contracts if the state purchasing agent or central purchasing office, after reasonable investigation, finds that a person h…

A. The causes for debarment or suspension occurring within three years of the date final action on a procurement is taken include but are not limited to the following: (1) criminal conviction of a bidder, offeror or contractor for commission of a criminal offense related to obtai…

The governing authority of a state agency or a local public body shall issue a written determination to debar or suspend. The determination shall: A. state the reasons for the action taken; and B. inform the debarred or suspended business involved of its rights to judicial review…

A copy of the determination made pursuant to Section 13-1-179 NMSA 1978 shall be: A. mailed to the last known address on file with the state purchasing agent or central purchasing office, by first class mail, within three business days after issuance of the written determination;…

subcontracting. 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 governin…

If prior to the execution of a valid, written contract by all parties and necessary approval authorities, the state purchasing agent or a central purchasing office makes a determination that a solicitation or proposed award of the proposed contract is in violation of law, then th…

If after the execution of a valid, written contract by all parties and necessary approval authorities, the state purchasing agent or a central purchasing office makes a determination that a solicitation or award of the contract was in violation of law and if the business awarded …

All actions authorized by the Procurement Code for judicial review of a determination shall be filed pursuant to the provisions of Section 39-3-1.1 NMSA 1978. History: Laws 1984, ch. 65, § 156; 1998, ch. 55, § 24; 1999, ch. 265, § 24.

It shall be the policy of this state to encourage small businesses to do business with state agencies and local public bodies. History: Laws 1984, ch. 65, § 157.

purchasing agent. A. The state purchasing agent shall issue publications designed to assist small businesses in learning how to do business with the state agencies and local public bodies. B. The state purchasing agent shall compile, maintain and make available source lists of sm…

The state purchasing agent or central purchasing office may reduce bid bond, performance bond or payment bond requirements authorized by the Procurement Code to encourage procurement from small businesses. History: Laws 1984, ch. 65, § 159.

The state purchasing agent shall annually, before January 1, report in writing to the legislature concerning the awarding of state contracts to small businesses during the preceding fiscal year. History: Laws 1984, ch. 65, § 160.

required. A state agency shall only acquire motor vehicles assembled in North America except for gas-electric hybrid vehicles until these vehicles are assembled in North America; provided that this section shall not apply to motor vehicles used for law enforcement purposes. For t…

A. All state agencies shall purchase and all local public bodies may purchase items of tangible personal property and services offered pursuant to the provisions of the Corrections Industries Act [33-8-1 to 33-8-15 NMSA 1978]. B. The corrections industries commission shall prepar…

A. Except as permitted by the University Research Park and Economic Development Act [Chapter 21, Article 28 NMSA 1978] or the New Mexico Research Applications Act [53-7B-1 to 53-7B-10 NMSA 1978], it is unlawful for any state agency or local public body employee, as defined in the…

required. All contracts and solicitations therefor shall contain reference to the criminal laws prohibiting bribes, gratuities and kickbacks. History: Laws 1984, ch. 65, § 164.

A. This section applies to prospective contractors with the state or a local public body. B. A prospective contractor subject to this section shall disclose all campaign contributions given by the prospective contractor or a family member or representative of the prospective cont…

It is unlawful for a person or business to be retained or for a business to retain a person or business to solicit or secure a contract upon an agreement or understanding that the compensation is contingent upon the award of the contract, except for retention of bona fide employe…

It is unlawful for any state agency or local public body employee who is participating directly or indirectly in the procurement process to become or to be, while such an employee, the employee of any person or business contracting with the governmental body by whom the employee …

unlawful employee participation permitted. A state agency or a local public body may grant a waiver from unlawful employee participation pursuant to Section 163 [13-1-190 NMSA 1978] of the Procurement Code, or contemporaneous employment pursuant to Section 166 [13-1-193 NMSA 1978…

It is unlawful for any state agency or local public body employee or former employee knowingly to use confidential information for actual or anticipated personal gain or for the actual or anticipated personal gain of any other person. History: Laws 1984, ch. 65, § 168.

Any person, firm or corporation that knowingly violates any provision of the Procurement Code is subject to a civil penalty of not more than one thousand dollars ($1,000) for each procurement in violation of any provision of the Procurement Code. The district attorney in the juri…

The state ethics commission may investigate complaints against a contractor who has a contract with a state agency or a person who has submitted a competitive sealed proposal or competitive sealed bid for a contract with a state agency. The state ethics commission may impose the …

penalty. An amount equal to the value of anything transferred or received in violation of the provisions of the Procurement Code by a transferor and transferee may be imposed as a civil penalty upon both the transferor and transferee. The civil penalty provided for in this sectio…

Upon a showing that a subcontractor made a kickback to a prime contractor or a higher-tier subcontractor in connection with the award of a subcontract or order thereunder, it is conclusively presumed that the amount thereof was included in the price of the subcontract or order an…

Any business or person that willfully violates the Procurement Code is guilty of: A. a misdemeanor if the transaction involves fifty thousand dollars ($50,000) or less; or B. a fourth degree felony if the transaction involves more than fifty thousand dollars ($50,000). History: L…

A. For the purposes of this section: (1) "business" means a commercial enterprise carried on for the purpose of selling goods or services, including growing, producing, processing or distributing agricultural products; (2) "formal bid process" means a competitive bid process; (3)…

ANNOTATIONS Repeals. — Laws 1984, ch. 65, § 175, repealed 13-1-21.1 NMSA 1978, as enacted by Laws 1981, ch. 340, § 1, relating to public purchases of American-made motor vehicles, effective November 1, 1984.

History: Laws 1997, ch. 1, § 1 and Laws 1997, ch. 2, § 1; repealed by Laws 2011 (1st S.S.), ch. 3, § 8.

Native American resident business and Native American resident contractor certificates; resident veteran business and resident veteran contractor certificates. A. To receive a resident business, Native American resident business, resident veteran business or Native American resid…

Sections 13-1-28 through 13-1-199 NMSA 1978 may be cited as the "Procurement Code". History: Laws 1984, ch. 65, § 1; 2006, ch. 23, § 1.

A. The Procurement Code shall be liberally construed and applied to promote its purposes and policies. B. All references in law to the Public Purchases Act [repealed] shall be construed to be references to the Procurement Code. C. The purposes of the Procurement Code are to provi…

A. Except as otherwise provided in the Procurement Code, that code shall apply to every expenditure by state agencies and local public bodies for the procurement of items of tangible personal property, services and construction. That code also applies to concession contracts at t…

Each state agency and local public body shall use the standardized classification codes developed by the state purchasing agent. History: Laws 2015, ch. 138, § 2.

"Architectural services" means services related to the art and science of designing and building structures for human habitation or use and includes planning, providing preliminary studies, designs, specifications, working drawings and providing for general administration of cons…

"Blind trust" means a trust managed by a person other than the employee- beneficiary in which the employee-beneficiary is not given notice of alterations in the property of the trust. History: Laws 1984, ch. 65, § 5.

"Brand-name specification" means a specification limited to describing an item by manufacturer's name or catalogue number. History: Laws 1984, ch. 65, § 6.

"Brand-name or equal specification" means a specification describing one or more items by manufacturer's name or catalogue number to indicate the standard of quality, performance or other pertinent characteristics and providing for the substitution of equivalent items. History: L…

"Business" means any corporation, partnership, individual, joint venture, association or any other private legal entity. History: Laws 1984, ch. 65, § 8.

"Catalogue price" means the price of items of tangible personal property in the most current catalogue, price list, schedule or other form that: A. is regularly maintained by the manufacturer or vendor of an item; and B. is either published or otherwise available for inspection b…

"Central purchasing office" means that office within a state agency or a local public body responsible for the control of procurement of items of tangible personal property, services or construction. "Central purchasing office" includes the purchasing division of the general serv…

"Change order" means a written order signed and issued by a procurement officer directing the contractor to make changes which the changes clause of the contract authorizes the procurement officer to order with or without the consent of the contractor. History: Laws 1984, ch. 65,…

"Chief procurement officer" means that person within a state agency's or local public body's central purchasing office who is responsible for the control of procurement of items of tangible personal property, services or construction. "Chief procurement officer" includes the stat…

"Confidential information" means any information which is available to an employee because of the employee's status as an employee of a state agency or a local public body and which is not a matter of public knowledge or available to the public on request. History: Laws 1984, ch.…

A. "Construction" means building, altering, repairing, installing or demolishing in the ordinary course of business any: (1) road, highway, bridge, parking area or related project; (2) building, stadium or other structure; (3) airport, subway or similar facility; (4) park, trail,…

manager. A. "Construction management" means consulting services related to the process of management applied to a public works project for any duration from conception to completion of the project for the purpose of controlling time, cost and quality of the project. B. "Construct…

"Contract" means any agreement for the procurement of items of tangible personal property, services or construction. History: Laws 1984, ch. 65, § 14.

"Contract modification" means any written alteration in the provisions of a contract accomplished by mutual action of the parties to the contract. History: Laws 1984, ch. 65, § 15.