Chapter 13 — Chapter 13
383 sections in this chapter.
NMSA 1978, § 13-1-43 Definition; contractor
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"Contractor" means any business having a contract with a state agency or a local public body. History: Laws 1984, ch. 65, § 16.
NMSA 1978, § 13-1-44 Definition; cooperative procurement
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"Cooperative procurement" means procurement conducted by or on behalf of more than one state agency or local public body, or by a state agency or local public body with an external procurement unit. History: Laws 1984, ch. 65, § 17.
NMSA 1978, § 13-1-45 Definition; cost analysis
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"Cost analysis" means the evaluation of cost data and profit for the purpose of arriving at costs actually incurred by a contractor, estimates of costs to be incurred by a contractor and a profit to be allowed to a contractor. History: Laws 1984, ch. 65, § 18.
NMSA 1978, § 13-1-46 Definition; cost data
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"Cost data" means factual information concerning the cost of labor, material, overhead and other cost elements which are expected to be incurred by a contractor or which have been actually incurred by a contractor in performing the contract. History: Laws 1984, ch. 65, § 19.
NMSA 1978, § 13-1-47 Definition; cost reimbursement contract
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"Cost reimbursement contract" means a contract which provides for a fee other than a fee based on a percentage of cost and under which a contractor is reimbursed for costs which are allowable and allocable in accordance with the contract terms. History: Laws 1984, ch. 65, § 20.
NMSA 1978, § 13-1-48 Repealed
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ANNOTATIONS Repeals. — Laws 1985, ch. 90, § 1 repealed 13-1-48 NMSA 1978, as enacted by Laws 1984, ch. 65, § 21, relating to the definition of "current ownership" or "current officers and directors," effective April 1, 1985.
NMSA 1978, § 13-1-49 Definition; data
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"Data" means recorded information regardless of form or characteristic. History: Laws 1984, ch. 65, § 22.
NMSA 1978, § 13-1-50 Definition; definite quantity contract
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"Definite quantity contract" means a contract which requires the contractor to furnish a specified quantity of services, items of tangible personal property or construction at or within a specified time. History: Laws 1984, ch. 65, § 23.
NMSA 1978, § 13-1-51 Definition; designee
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"Designee" means a representative of a person holding a superior position. History: Laws 1984, ch. 65, § 24.
NMSA 1978, § 13-1-52 Definition; determination
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"Determination" means the written documentation of a decision of a procurement officer including findings of fact required to support a decision. A determination becomes part of the procurement file to which it pertains. History: Laws 1984, ch. 65, § 25.
NMSA 1978, § 13-1-53 Definition; direct or indirect participation
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"Direct or indirect participation" means involvement through decision, approval, disapproval, recommendation, formulation of any part of a purchase request, influencing the content of any specification, investigation, auditing or the rendering of advice. History: Laws 1984, ch. 6…
NMSA 1978, § 13-1-53.1 Definition; electronic
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"Electronic" includes electric, digital, magnetic, optical, electronic or similar medium. History: Laws 2001, ch. 292, § 1.
NMSA 1978, § 13-1-54 Definition; employee
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"Employee" means an individual receiving a salary, wages or per diem and mileage from a state agency or a local public body whether elected or not and any noncompensated individual performing personal services as an elected or appointed official or otherwise for a state agency or…
NMSA 1978, § 13-1-55 Definition; engineering services
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"Engineering services" means any service or creative work, the adequate performance of which requires engineering education, training and experience in the application of special knowledge of the mathematical, physical and engineering sciences to such services or creative work as…
NMSA 1978, § 13-1-56 Definition; external procurement unit
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"External procurement unit" means any procurement organization not located in this state which, if in this state, would qualify as a state agency or a local public body. An agency of the United States government is an external procurement unit. History: Laws 1984, ch. 65, § 29.
NMSA 1978, § 13-1-56.1 Recompiled
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History: Laws 2013, ch. 149, § 1.
NMSA 1978, § 13-1-57 Definition; financial interest
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"Financial interest" means: A. holding a position in a business as officer, director, trustee or partner or holding any position in management; or B. ownership of more than five percent interest in a business. History: Laws 1984, ch. 65, § 30.
NMSA 1978, § 13-1-58 Definition; firm fixed price contract
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"Firm fixed price contract" means a contract which has a fixed total price or fixed unit price. History: Laws 1984, ch. 65, § 31.
NMSA 1978, § 13-1-59 Definition; gratuity
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"Gratuity" means a payment, loan, subscription, advance, deposit of money, service, or anything of more than nominal value, received or promised, unless consideration of substantially equal or greater value is exchanged. History: Laws 1984, ch. 65, § 32.
NMSA 1978, § 13-1-60 Definition; heavy road equipment
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"Heavy road equipment" means any motor-driven vehicle or apparatus capable of use for earth moving or mixing components which has an aggregate value or price of over one thousand dollars ($1,000). History: Laws 1984, ch. 65, § 33.
NMSA 1978, § 13-1-61 Definition; highway reconstruction
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"Highway reconstruction" means the rebuilding, altering or repairing of any road, highway, bridge, parking area or related project. "Highway reconstruction" does not include routine maintenance. History: Laws 1984, ch. 65, § 34.
NMSA 1978, § 13-1-62 Definition; immediate family
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"Immediate family" means a spouse, children, parents, brothers and sisters. History: Laws 1984, ch. 65, § 35.
NMSA 1978, § 13-1-63 Definition; indefinite quantity contract
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"Indefinite quantity contract" means a contract which requires the contractor to furnish an indeterminate quantity of specified services, items of tangible personal property or construction during a prescribed period of time at a definite unit price or at a specified discount fro…
NMSA 1978, § 13-1-63.1 Definition; instructional materials
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"Instructional materials" means school textbooks and other educational media that are used as the basis for instruction, including combinations of textbooks, learning kits, supplementary materials and electronic media. History: 1978 Comp., § 13-1-63.1, enacted by Laws 2023, ch. 1…
NMSA 1978, § 13-1-64 Definition; invitation for bids
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"Invitation for bids" means all documents, including those attached or incorporated by reference, utilized for soliciting sealed bids. History: Laws 1984, ch. 65, § 37.
NMSA 1978, § 13-1-65 Definition; surveying services
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"Surveying services" means any service or work, the substantial performance of which involves the application of the principles of mathematics and the related physical and applied sciences for: A. the measuring and locating of lines, angles, elevations, natural and man-made featu…
NMSA 1978, § 13-1-66 Definition; landscape architectural services
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"Landscape architectural services" means services including but not limited to consultation, investigation, reconnaissance, research, design, preparation of drawings and specifications and administration of contracts where the dominant purposes of such services are: A. the preser…
NMSA 1978, § 13-1-66.1 Definition; local public works project
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"Local public works project" means a project of a local public body that uses architectural or engineering services requiring professional services costing fifty thousand dollars ($50,000) or more or landscape architectural or surveying services requiring professional services co…
NMSA 1978, § 13-1-67 Definition; local public body
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"Local public body" means every political subdivision of the state and the agencies, instrumentalities and institutions thereof, including two-year post-secondary educational institutions, school districts and local school boards and municipalities, except as exempted pursuant to…
NMSA 1978, § 13-1-68 Definition; multi-term contract
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"Multi-term contract" means a contract having a term longer than one year. History: Laws 1984, ch. 65, § 41.
NMSA 1978, § 13-1-69 Definition; multiple source award
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"Multiple source award" means an award of an indefinite quantity contract for one or more similar services, items of tangible personal property or construction to more than one bidder or offeror. History: Laws 1984, ch. 65, § 42.
NMSA 1978, § 13-1-70 Definition; notice of invitation for bids
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"Notice of invitation for bids" means a document issued by a procurement officer which contains a brief description of the services, construction or items of tangible personal property to be procured, the location where copies of the invitation for bid may be obtained, the locati…
NMSA 1978, § 13-1-70.1 Definition; person
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"Person" means an individual, corporation, business trust, estate, trust, partnership, limited liability company, association, joint venture or other legal or commercial entity. History: Laws 2013, ch. 41, § 1.
NMSA 1978, § 13-1-71 Definition; price agreement
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"Price agreement" means a definite quantity contract or indefinite quantity contract which requires the contractor to furnish items of tangible personal property, services or construction to a state agency or a local public body which issues a purchase order, if the purchase orde…
NMSA 1978, § 13-1-72 Definition; price analysis
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"Price analysis" means the evaluation of pricing data without analysis of the separate cost components and profit. History: Laws 1984, ch. 65, § 45.
NMSA 1978, § 13-1-73 Definition; pricing data
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"Pricing data" means factual information concerning prices for items identical to or substantially similar to those being procured. History: Laws 1984, ch. 65, § 46.
NMSA 1978, § 13-1-74 Definition; procurement
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"Procurement" means: A. purchasing, renting, leasing, lease purchasing or otherwise acquiring items of tangible personal property, services or construction; and B. all procurement functions, including but not limited to preparation of specifications, solicitation of sources, qual…
NMSA 1978, § 13-1-75 Definition; procurement officer
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"Procurement officer" means any person or a designee authorized by a state agency or a local public body to enter into or administer contracts and make written determinations with respect thereto. History: Laws 1984, ch. 65, § 48.
NMSA 1978, § 13-1-76 Definition; professional services
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"Professional services" means the services of architects, archeologists, engineers, surveyors, landscape architects, medical arts practitioners, scientists, management and systems analysts, certified public accountants, registered public accountants, lawyers, psychologists, plann…
NMSA 1978, § 13-1-77 Definition; purchase order
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"Purchase order" means the document issued by the state purchasing agent or a central purchasing office that directs a contractor to deliver items of tangible personal property, services or construction. History: Laws 1984, ch. 65, § 50; 2001, ch. 292, § 2.
NMSA 1978, § 13-1-78 Definition; purchase request
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"Purchase request" means the document by which a using agency requests that a contract be obtained for a specified service, construction or item of tangible personal property and may include but is not limited to the technical description of the requested item, delivery schedule,…
NMSA 1978, § 13-1-79 Definition; qualified products list
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"Qualified products list" means a list of items of tangible personal property described by model or catalogue number which, prior to the solicitation of competitive sealed bids or competitive sealed proposals, are items the state purchasing agent or a central purchasing office ha…
NMSA 1978, § 13-1-80 Definition; regulation
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"Regulation" means any rule, order or statement of policy, including amendments thereto and repeals thereof, issued by a state agency or a local public body to affect persons not members or employees of the issuer. History: Laws 1984, ch. 65, § 53.
NMSA 1978, § 13-1-81 Definition; request for proposals
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"Request for proposals" means all documents, including those attached or incorporated by reference, used for soliciting proposals. History: Laws 1984, ch. 65, § 54.
NMSA 1978, § 13-1-82 Definition; responsible bidder
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"Responsible bidder" means a bidder who submits a responsive bid and who has furnished, when required, information and data to prove that his financial resources, production or service facilities, personnel, service reputation and experience are adequate to make satisfactory deli…
NMSA 1978, § 13-1-83 Definition; responsible offeror
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"Responsible offeror" means an offeror who submits a responsive proposal and who has furnished, when required, information and data to prove that his financial resources, production or service facilities, personnel, service reputation and experience are adequate to make satisfact…
NMSA 1978, § 13-1-84 Definition; responsive bid
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"Responsive bid" means a bid which conforms in all material respects to the requirements set forth in the invitation for bids. Material respects of a bid include but are not limited to price, quality, quantity or delivery requirements. History: Laws 1984, ch. 65, § 57; 1987, ch. …
NMSA 1978, § 13-1-85 Definition; responsive offer
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"Responsive offer" means an offer which conforms in all material respects to the requirements set forth in the request for proposals. Material respects of a request for a proposal include, but are not limited to, price, quality, quantity or delivery requirements. History: Laws 19…
NMSA 1978, § 13-1-86 Definition; secretary
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"Secretary" means the secretary of general services. History: Laws 1984, ch. 65, § 59.
NMSA 1978, § 13-1-86.1 Duty to promulgate rules
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The secretary of general services shall promulgate rules necessary to implement the provisions of this 2016 act. History: Laws 2016, ch. 5, § 3.