Chapter 13 — Chapter 13

"Services" means the furnishing of labor, time or effort by a contractor not involving the delivery of a specific end product other than reports and other materials which are merely incidental to the required performance. "Services" includes the furnishing of insurance but does n…

"Small business" means a business, not a subsidiary or division of another business, having an average annual volume for the preceding three fiscal years which does not exceed one million five hundred thousand dollars ($1,500,000). History: Laws 1984, ch. 65, § 61.

"Specification" means a description of the physical or functional characteristics or of the nature of items of tangible personal property, services or construction. "Specification" may include a description of any requirement for inspecting or testing, or for preparing items of t…

"State agency" means any department, commission, council, board, committee, institution, legislative body, agency, government corporation, educational institution or official of the executive, legislative or judicial branch of the government of this state. "State agency" includes…

"State public works project" means a project of a state agency, not including projects of the state educational institutions, the supreme court building commission, the legislature or local public bodies, that uses architectural or engineering services requiring professional serv…

"State purchasing agent" means the director of the purchasing division of the general services department. History: Laws 1984, ch. 65, § 65.

"Tangible personal property" means tangible property other than real property having a physical existence, including but not limited to supplies, equipment, materials and printed materials. History: Laws 1984, ch. 65, § 66.

"Using agency" means any state agency or local public body requiring services, construction or items of tangible personal property. History: Laws 1984, ch. 65, § 67.

agent; appointment; duties. A. The "purchasing division" is created within the general services department. B. Subject to the authority of the secretary, the state purchasing agent shall be the administrator and director of the purchasing division. The state purchasing agent shal…

A. The state purchasing agent shall develop guidelines for central purchasing offices to use electronic media, including distribution of solicitations and acceptance of sealed bids and competitive sealed proposals that include electronic signatures. The guidelines shall include: …

training; certification. A. On or before January 1 of each year beginning in 2014, and every time a chief procurement officer is hired, each state agency and local public body shall provide to the state purchasing agent the name of the state agency's or local public body's chief …

state contracts. All state agencies shall report annually to the purchasing division of the general services department information on the amount of state agency contracts awarded to in- state contractors and the amount awarded to out-of-state contractors. History: Laws 2019, ch.…

The state purchasing agent may, with the consent of the secretary, delegate such of his authority to subordinates as he deems necessary and appropriate by clearly delineating in writing such delegated authority and the limitations thereto. History: Laws 1984, ch. 65, § 69.

A. All procurement for state agencies shall be performed by the state purchasing agent except as otherwise provided in the Procurement Code. B. All procurement for state agencies excluded from the requirement of procurement through the office of the state purchasing agent shall b…

History: Laws 2009, ch. 107, § 1; repealed by Laws 2012, ch. 52, § 1.

maintenance. A central purchasing office shall maintain, for a minimum of three years, all records relating to the award of a contract through a competitive sealed bid or competitive sealed proposal process. History: Laws 2013, ch. 40, § 7.

The provisions of the Procurement Code shall not apply to: A. procurement of items of tangible personal property or services by a state agency or a local public body from a state agency, a local public body or external procurement unit except as otherwise provided in Sections 13-…

The provisions of the Procurement Code shall not apply to procurement of items of tangible personal property or services by a state agency or a local public body through: A. an agreement with any other state agency, local public body or external procurement unit or any other pers…

The provisions of the Procurement Code do not apply to contracts entered into by a local public body with a person, firm, organization, corporation, association or state educational institution named in Article 12, Section 11 of the constitution of New Mexico for: A. the operatio…

purchasing agent. Excluded from the requirement of procurement through the state purchasing agent but not from the requirements of the Procurement Code are the following: A. procurement of professional services; B. small purchases having a value not exceeding one thousand five hu…

This act [13-1A-1 to 13-1A-4 NMSA 1978] may be cited as the "Purchasing Discount Act". History: Laws 1983, ch. 164, § 1.

The purpose of the Purchasing Discount Act is to effect certain economies in the operation of state government by requiring state agencies to establish bookkeeping and administrative procedures to accelerate payments to vendors for supplies and equipment so as to secure price dis…

As used in the Purchasing Discount Act, "state agency" means agency, department, commission, board and institution of state government. History: Laws 1983, ch. 164, § 3.

of progress. A. Not later than July 1, 1986, each state agency shall review and revise its bookkeeping and vouchering procedures so as to effect accelerated payments to vendors for purchases of supplies and equipment in order to secure for the state the largest available price di…

Chapter 13, Article 1B NMSA 1978 may be cited as the "Alternative Fuel Acquisition Act". History: Laws 1992, ch. 58, § 1; 2002, ch. 32, § 2.

As used in the Alternative Fuel Acquisition Act: A. "alternative fuel" means natural gas, liquefied petroleum gas, electricity, hydrogen, a fuel mixture containing not less than eighty-five percent ethanol or methanol, a fuel mixture containing not less than twenty percent vegeta…

A. Seventy-five percent of light duty vehicles acquired in fiscal year 2003 and each fiscal year thereafter by the agencies and departments of state government and educational institutions shall be vehicles that: (1) meet or exceed the corporate average fuel economy standards for…

A. The "alternative fuel acquisition loan fund" is created in the state treasury as a revolving loan fund. The department shall administer the fund and make loans from the fund in accordance with the Alternative Fuel Acquisition Act. B. The fund shall consist of earnings on balan…

A. Money available in the fund may be loaned by the department to reimburse the expenses incurred in acquiring vehicles of the agencies and departments of state government, political subdivisions and educational institutions from gasoline to alternative fuel. B. A state agency or…

A. The department shall: (1) administer the provisions of the Alternative Fuel Acquisition Act, except that the provisions of Section 13-1B-3 NMSA 1978 shall be administered by the commission on higher education and the state department of public education for their respective pr…

A. When developing the repayment schedule for loans from the fund, the department shall consider the projected savings from alternative fuel. B. The department of finance and administration shall collect and account for the loans made from the fund, and it shall have custody of a…

Sections 1 through 7 of this act [13-1C-1 to 13-1C-7 NMSA 1978] may be cited as the "State Use Act". History: Laws 2005, ch. 334, § 1.

The purpose of the State Use Act is to encourage and assist persons with disabilities to achieve maximum personal independence through useful and productive employment by ensuring an expanded and constant market for services delivered by persons with disabilities, thereby enhanci…

As used in the State Use Act: A. "central nonprofit agency" means a nonprofit agency approved pursuant to rules of the council to facilitate the equitable distribution of orders for the services of: (1) qualified individuals; and (2) community rehabilitation programs; B. "communi…

appointment; organization. A. The "New Mexico council for purchasing from persons with disabilities" is created. The council shall be composed of the following nine members: (1) the state purchasing agent or the agent's designee; (2) two persons, appointed by the governor, who re…

A. The council shall adopt rules in accordance with the procedure set out in Subsection E of Section 9-1-5 NMSA 1978 that: (1) determine which services provided by persons with disabilities are suitable for sale to state agencies and local public bodies; (2) establish, maintain a…

Services provided pursuant to and facilities covered by Section 22-14-27 NMSA 1978 are excluded from the State Use Act. History: Laws 2005, ch. 334, § 6.

cooperative agreements. A. A state agency or local public body intending to procure a service on a list published by the council shall, in accordance with rules of the council, procure the service at the price established by the council if the service is available within the peri…

ANNOTATIONS Repeals. — Laws 2001, ch, 75, § 1 repealed 13-2-1 NMSA 1978, as enacted by Laws 1965, ch. 245, § 1, regarding the auditing of freight bills by the public regulation commission, effective June 15, 2001. For provisions of former section, see the 2000 NMSA 1978 on NMOneS…

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 contracts for the construction of public works or for the repair, reconstruction, including hig…

As used in Chapter 13, Article 4 NMSA 1978: A. "contract" or "construction contract" includes a construction manager at risk contract entered into pursuant to the Educational Facility Construction Manager At Risk Act [13-1-124.1 to 13-1-124.5 NMSA 1978]; and B. "contractor" inclu…

Sections 13-4-10 through 13-4-17 NMSA 1978 may be cited as the "Public Works Minimum Wage Act". History: 1953 Comp., § 6-6-10.1, enacted by Laws 1963, ch. 304, § 1; 2009, ch. 206, § 1.

As used in the Public Works Minimum Wage Act: A. “director" means the director of the division; B. “division" means the labor relations division of the workforce solutions department; C. “fringe benefit" means payments made by a contractor, subcontractor, employer or person actin…

wages and fringe benefits on public works; weekly payment; withholding funds; industrial revenue bond projects. A. Every contract or project in excess of sixty thousand dollars ($60,000) that the state or any political subdivision thereof is a party to for construction, alteratio…

History: 1953 Comp., § 6-6-6.1, enacted by Laws 1965, ch. 35, § 2; 1991, ch. 224, § 2; 2005, ch. 253, § 2; repealed by Laws 2009, ch. 206, § 11.

Every contract within the scope of the Public Works Minimum Wage Act [13-4-10 to 13-4-17 NMSA 1978] shall contain further provision that in the event it is determined by the director that any laborer or mechanic employed on the site of the project has been or is being paid a wage…

subcontractors. A. Except as otherwise provided in this subsection, in order to submit a bid valued at more than sixty thousand dollars ($60,000) in order to respond to a request for proposals or to be considered for award of any portion of a public works project greater than six…

violating act; additional right of wage earners. A. The director shall certify to the contracting agency the names of persons or firms the director has found to have failed to pay wages or fringe benefits due employees under the Public Works Minimum Wage Act [13-4-10 to 13-4-17 N…

The "labor enforcement fund" is created in the state treasury. The fund shall consist of contractor and subcontractor registration fees collected by the division and all investment and interest income from the fund. The fund shall be administered by the division, and money in the…

injunctive relief. The director may: A. cancel, revoke or suspend with conditions, including probation, the registration of any party required to be registered pursuant to the Public Works Minimum Wage Act [13-4-10 to 13-4-17 NMSA 1978] for failure to comply with the registration…