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Article 1 - Procurement
Section 13-1-1 to 13-1-20 - Repealed. - Repeals. — Laws 1984, ch. 65, § 175, repealed 13-1-1...
Section 13-1-21 - Application of preferences. - A. For the purposes of this section: (1) "business" means...
Section 13-1-21.1 - Repealed. - Repeals. — Laws 1984, ch. 65, § 175, repealed 13-1-21.1...
Section 13-1-21.2 - Repealed. - History: Laws 1997, ch. 1, § 1 and Laws 1997,...
Section 13-1-22 - Resident business, resident veteran business, resident contractor and resident veteran contractor certification. - A. To receive a resident business or resident veteran business...
Section 13-1-22 - Resident business and resident contractor certification. (Effective July 1, 2022.) - A. To receive a resident business preference pursuant to Section...
Section 13-1-23 to 13-1-27 - Repealed. - Repeals. — Laws 1984, ch. 65, § 175, repealed 13-1-23...
Section 13-1-28 - Short title. - Sections 13-1-28 through 13-1-199 NMSA 1978 may be cited as...
Section 13-1-29 - Rules of construction; purposes. - A. The Procurement Code shall be liberally construed and applied...
Section 13-1-30 - Application of the code. - A. Except as otherwise provided in the Procurement Code, that...
Section 13-1-30.1 - Standardized classification codes; applicability. - Each state agency and local public body shall use the...
Section 13-1-31 - Definition; architectural services. - "Architectural services" means services related to the art and science...
Section 13-1-32 - Definition; blind trust. - "Blind trust" means a trust managed by a person other...
Section 13-1-33 - Definition; brand-name specification. - "Brand-name specification" means a specification limited to describing an item...
Section 13-1-34 - Definition; brand-name or equal specification. - "Brand-name or equal specification" means a specification describing one or...
Section 13-1-35 - Definition; business. - "Business" means any corporation, partnership, individual, joint venture, association or...
Section 13-1-36 - Definition; catalogue price. - "Catalogue price" means the price of items of tangible personal...
Section 13-1-37 - Definition; central purchasing office. - "Central purchasing office" means that office within a state agency...
Section 13-1-38 - Definition; change order. - "Change order" means a written order signed and issued by...
Section 13-1-38.1 - Definition; chief procurement officer. - "Chief procurement officer" means that person within a state agency's...
Section 13-1-39 - Definition; confidential information. - "Confidential information" means any information which is available to an...
Section 13-1-40 - Definition; construction. - A. "Construction" means building, altering, repairing, installing or demolishing in...
Section 13-1-40.1 - Definition; construction management and construction manager. - A. "Construction management" means consulting services related to the process...
Section 13-1-41 - Definition; contract. - "Contract" means any agreement for the procurement of items of...
Section 13-1-42 - Definition; contract modification. - "Contract modification" means any written alteration in the provisions of...
Section 13-1-43 - Definition; contractor. - "Contractor" means any business having a contract with a state...
Section 13-1-44 - Definition; cooperative procurement. - "Cooperative procurement" means procurement conducted by or on behalf of...
Section 13-1-45 - Definition; cost analysis. - "Cost analysis" means the evaluation of cost data and profit...
Section 13-1-46 - Definition; cost data. - "Cost data" means factual information concerning the cost of labor,...
Section 13-1-47 - Definition; cost reimbursement contract. - "Cost reimbursement contract" means a contract which provides for a...
Section 13-1-48 - Repealed. - Repeals. — Laws 1985, ch. 90, § 1 repealed 13-1-48...
Section 13-1-49 - Definition; data. - "Data" means recorded information regardless of form or characteristic. History:...
Section 13-1-50 - Definition; definite quantity contract. - "Definite quantity contract" means a contract which requires the contractor...
Section 13-1-51 - Definition; designee. - "Designee" means a representative of a person holding a superior...
Section 13-1-52 - Definition; determination. - "Determination" means the written documentation of a decision of a...
Section 13-1-53 - Definition; direct or indirect participation. - "Direct or indirect participation" means involvement through decision, approval, disapproval,...
Section 13-1-53.1 - Definition; electronic. - "Electronic" includes electric, digital, magnetic, optical, electronic or similar medium....
Section 13-1-54 - Definition; employee. - "Employee" means an individual receiving a salary, wages or per...
Section 13-1-55 - Definition; engineering services. - "Engineering services" means any service or creative work, the adequate...
Section 13-1-56 - Definition; external procurement unit. - "External procurement unit" means any procurement organization not located in...
Section 13-1-56.1 - Recompiled. - History: Laws 2013, ch. 149, § 1. Compiler's notes. —...
Section 13-1-57 - Definition; financial interest. - "Financial interest" means: A. holding a position in a business...
Section 13-1-58 - Definition; firm fixed price contract. - "Firm fixed price contract" means a contract which has a...
Section 13-1-59 - Definition; gratuity. - "Gratuity" means a payment, loan, subscription, advance, deposit of money,...
Section 13-1-60 - Definition; heavy road equipment. - "Heavy road equipment" means any motor-driven vehicle or apparatus capable...
Section 13-1-61 - Definition; highway reconstruction. - "Highway reconstruction" means the rebuilding, altering or repairing of any...
Section 13-1-62 - Definition; immediate family. - "Immediate family" means a spouse, children, parents, brothers and sisters....
Section 13-1-63 - Definition; indefinite quantity contract. - "Indefinite quantity contract" means a contract which requires the contractor...
Section 13-1-64 - Definition; invitation for bids. - "Invitation for bids" means all documents, including those attached or...
Section 13-1-65 - Definition; surveying services. - "Surveying services" means any service or work, the substantial performance...
Section 13-1-66 - Definition; landscape architectural services. - "Landscape architectural services" means services including but not limited to...
Section 13-1-66.1 - Definition; local public works project. - "Local public works project" means a project of a local...
Section 13-1-67 - Definition; local public body. - "Local public body" means every political subdivision of the state...
Section 13-1-68 - Definition; multi-term contract. - "Multi-term contract" means a contract having a term longer than...
Section 13-1-69 - Definition; multiple source award. - "Multiple source award" means an award of an indefinite quantity...
Section 13-1-70 - Definition; notice of invitation for bids. - "Notice of invitation for bids" means a document issued by...
Section 13-1-70.1 - Definition; person. - "Person" means an individual, corporation, business trust, estate, trust, partnership,...
Section 13-1-71 - Definition; price agreement. - "Price agreement" means a definite quantity contract or indefinite quantity...
Section 13-1-72 - Definition; price analysis. - "Price analysis" means the evaluation of pricing data without analysis...
Section 13-1-73 - Definition; pricing data. - "Pricing data" means factual information concerning prices for items identical...
Section 13-1-74 - Definition; procurement. - "Procurement" means: A. purchasing, renting, leasing, lease purchasing or otherwise...
Section 13-1-75 - Definition; procurement officer. - "Procurement officer" means any person or a designee authorized by...
Section 13-1-76 - Definition; professional services. - "Professional services" means the services of architects, archeologists, engineers, surveyors,...
Section 13-1-77 - Definition; purchase order. - "Purchase order" means the document issued by the state purchasing...
Section 13-1-78 - Definition; purchase request. - "Purchase request" means the document by which a using agency...
Section 13-1-79 - Definition; qualified products list. - "Qualified products list" means a list of items of tangible...
Section 13-1-80 - Definition; regulation. - "Regulation" means any rule, order or statement of policy, including...
Section 13-1-81 - Definition; request for proposals. - "Request for proposals" means all documents, including those attached or...
Section 13-1-82 - Definition; responsible bidder. - "Responsible bidder" means a bidder who submits a responsive bid...
Section 13-1-83 - Definition; responsible offeror. - "Responsible offeror" means an offeror who submits a responsive proposal...
Section 13-1-84 - Definition; responsive bid. - "Responsive bid" means a bid which conforms in all material...
Section 13-1-85 - Definition; responsive offer. - "Responsive offer" means an offer which conforms in all material...
Section 13-1-86 - Definition; secretary. - "Secretary" means the secretary of general services. History: Laws 1984,...
Section 13-1-86.1 - Duty to promulgate rules. - The secretary of general services shall promulgate rules necessary to...
Section 13-1-87 - Definition; services. - "Services" means the furnishing of labor, time or effort by...
Section 13-1-88 - Definition; small business. - "Small business" means a business, not a subsidiary or division...
Section 13-1-89 - Definition; specification. - "Specification" means a description of the physical or functional characteristics...
Section 13-1-90 - Definition; state agency. - "State agency" means any department, commission, council, board, committee, institution,...
Section 13-1-91 - Definition; state public works project. - "State public works project" means a project of a state...
Section 13-1-92 - Definition; state purchasing agent. - "State purchasing agent" means the director of the purchasing division...
Section 13-1-93 - Definition; tangible personal property. - "Tangible personal property" means tangible property other than real property...
Section 13-1-94 - Definition; using agency. - "Using agency" means any state agency or local public body...
Section 13-1-95 - Purchasing division; creation; director is state purchasing agent; appointment; duties. - A. The "purchasing division" is created within the general services...
Section 13-1-95.1 - Electronic transmissions. - A. The state purchasing agent shall develop guidelines for central...
Section 13-1-95.2 - Chief procurement officers; reporting requirement; training; certification. - A. On or before January 1 of each year beginning...
Section 13-1-95.3 - State agency; reporting required; in-state and out-of-state contracts. - All state agencies shall report annually to the purchasing division...
Section 13-1-96 - Delegation of authority by the state purchasing agent. - The state purchasing agent may, with the consent of the...
Section 13-1-97 - Centralization of procurement authority. - A. All procurement for state agencies shall be performed by...
Section 13-1-97.1 - Repealed. - History: Laws 2009, ch. 107, § 1; repealed by Laws...
Section 13-1-97.2 - Competitive sealed bids and proposals; record maintenance. - A central purchasing office shall maintain, for a minimum of...
Section 13-1-98 - Exemptions from the Procurement Code. - The provisions of the Procurement Code shall not apply to:...
Section 13-1-98.1 - Hospital and health care exemption. - The provisions of the Procurement Code shall not apply to...
Section 13-1-98.2 - Additional exemptions from the Procurement Code. - The provisions of the Procurement Code do not apply to...
Section 13-1-99 - Excluded from central purchasing through the state purchasing agent. - Excluded from the requirement of procurement through the state purchasing...
Section 13-1-100 - Construction contracts; central purchasing office. - The award and execution of contracts for major construction, including...
Section 13-1-100.1 - Construction contracts; construction management services. - A. A construction management services contract may be entered into...
Section 13-1-101 - Repealed. - Repeals. — Laws 1985, ch. 90, § 1, repealed 13-1-101...
Section 13-1-102 - Competitive sealed bids required. - All procurement shall be achieved by competitive sealed bid pursuant...
Section 13-1-103 - Invitation for bids. - A. An invitation for bids shall be issued and shall...
Section 13-1-104 - Competitive sealed bids; public notice. - A. An invitation for bids or a notice thereof shall...
Section 13-1-105 - Competitive sealed bids; receipt and acceptance of bids. - A. Bids shall be unconditionally accepted for consideration for award...
Section 13-1-106 - Competitive sealed bids; correction or withdrawal of bids. - A. A bid containing a mistake discovered before bid opening...
Section 13-1-107 - Competitive sealed bids; bid opening. - Bids shall be opened publicly in the presence of one...
Section 13-1-108 - Competitive sealed bids; award. - A contract solicited by competitive sealed bids shall be awarded...
Section 13-1-108.1 - Recompiled. - History: Laws 2013, ch. 41, § 5. Compiler's notes. —...
Section 13-1-109 - Competitive sealed bids; multi-step sealed bidding. - When the state purchasing agent or a central purchasing office...
Section 13-1-110 - Competitive sealed bids; identical bids. - When competitive sealed bids are used and two or more...
Section 13-1-111 - Competitive sealed proposals; conditions for use. - A. Except as provided in Subsection G of Section 13-1-119.1...
Section 13-1-112 - Competitive sealed proposals; request for proposals. - A. Competitive sealed proposals, including competitive sealed qualifications-based proposals, shall...
Section 13-1-113 - Competitive sealed proposals; public notice. - Public notice of the request for proposals shall be given...
Section 13-1-114 - Competitive sealed proposals; evaluation factors. - The request for proposals shall state the relative weight to...
Section 13-1-115 - Competitive sealed proposals; negotiations. - Offerors submitting proposals may be afforded an opportunity for discussion...
Section 13-1-116 - Competitive sealed proposals; disclosure; record. - The contents of any proposal shall not be disclosed so...
Section 13-1-117 - Competitive sealed proposals; award. - The award shall be made to the responsible offeror or...
Section 13-1-117.1 - Procurement of professional services; local public bodies; legislative branch; selection and award. - A. Each agency within the legislative branch of government operating...
Section 13-1-117.2 - Procurement of professional services; local public bodies; professional technical advisory assistance. - A. Any local public body which does not have on...
Section 13-1-117.3 - Contracts for the design and installation of measures for the conservation of natural resources. - A state agency or a local public body may solicit...
Section 13-1-118 - Competitive sealed proposals; professional services contracts; contract review. - All contracts for professional services with state agencies shall be...
Section 13-1-119 - Competitive sealed qualifications-based proposals; architects; engineers; landscape architects; surveyors; additional requirements. - In addition to compliance with the requirements of Sections 13-1-112...
Section 13-1-119.1 - Public works project delivery system; design and build projects authorized. - A. Except for road and highway construction or reconstruction projects,...
Section 13-1-119.2 - Design and build procurement for certain transportation projects. - Notwithstanding any prohibition on road and highway construction or reconstruction...
Section 13-1-120 - Competitive sealed qualifications-based proposals; architects; engineers; landscape architects; surveyors; selection process. - A. For each proposed state public works project, local public...
Section 13-1-121 - Competitive sealed qualifications-based proposals; architects; engineers; landscape architects; surveyors; selection committee; state public works projects. - A. For each state public works project, an "architect, engineer,...
Section 13-1-122 - Competitive sealed qualifications-based proposals; award of architect, engineering, landscape architect and surveying contracts. - The secretary or his designee, or the secretary of the...
Section 13-1-123 - Architectural, engineering, landscape architectural and surveying contracts. - A. All contracts between a state agency and an architect...
Section 13-1-124 - Architect rate schedule. - The secretary shall adopt by regulation an architect rate schedule...
Section 13-1-124.1 - Short title. - Sections 13-1-124.1 through 13-1-124.5 NMSA 1978 may be cited as...
Section 13-1-124.2 - Applicability. - The provisions of the Educational Facility Construction Manager At Risk...
Section 13-1-124.3 - Definitions. - As used in the Educational Facility Construction Manager At Risk...
Section 13-1-124.4 - Construction manager at risk delivery method authorized; multiphase selection procedure. - A. A construction manager at risk delivery method may be...
Section 13-1-124.5 - Responsibilities of construction manager at risk following award of project. - A. The contract with the construction manager at risk shall...
Section 13-1-125 - Small purchases. - A. A central purchasing office shall procure services, construction or...
Section 13-1-126 - Sole source procurement. - A. A contract may be awarded without competitive sealed bids...
Section 13-1-126.1 - Sole source contracts; notice; protest. - A. At least thirty days before it awards a sole...
Section 13-1-127 - Emergency procurement; required conditions; limitations; notice. - A. The state purchasing agent or a central purchasing office...
Section 13-1-128 - Sole source and emergency procurements; publication of award to agency web site and sunshine portal; content and submission of record. - A. Prior to award of a sole source procurement contract,...
Section 13-1-129 - Procurement under existing contracts. - A. Notwithstanding the requirements of Sections 13-1-102 through 13-1-118 NMSA...
Section 13-1-130 - Purchases; antipoverty program business. - A. Without regard to the bid requirements of Section 75...
Section 13-1-131 - Rejection or cancellation of bids or requests for proposals; negotiations. - An invitation for bids, a request for proposals or any...
Section 13-1-132 - Irregularities in bids or proposals. - The state purchasing agent or a central purchasing office may...
Section 13-1-133 - Responsibility of bidders and offerors. - If a bidder or offeror who otherwise would have been...
Section 13-1-134 - Prequalification of bidders. - A business may be prequalified by a central purchasing office...
Section 13-1-135 - Cooperative procurement authorized. - A. Any state agency or local public body may either...
Section 13-1-135.1 - Recycled content goods; cooperative procurement. - A. Beginning July 1, 1995, each central purchasing office shall,...
Section 13-1-136 - Cooperative procurement; reports required. - The general services department and the department of finance and...
Section 13-1-137 - Sale, acquisition or use of property by a state agency or a local public body. - Any state agency or local public body may sell property...
Section 13-1-138 - Cost or pricing data required. - When required by the state purchasing agent or a central...
Section 13-1-138.1 - Specification of certain components; separate pricing required. - Prior to submitting a bid or proposal for a state...
Section 13-1-138.2 - School construction projects; separate pricing required in certain circumstances. - Prior to submitting a bid or proposal for a state...
Section 13-1-139 - Cost or pricing data not required. - The cost or pricing data relating to the award of...
Section 13-1-140 - Cost or pricing data; change orders or contract modifications. - When required by the state purchasing agent or a central...
Section 13-1-141 - Cost or pricing data; change orders; contract modifications; exceptions. - The submission of cost or pricing data relating to the...
Section 13-1-142 - Cost or pricing data; certification required. - A contractor, actual or prospective, required to submit cost or...
Section 13-1-143 - Cost or pricing data; price adjustment provision required. - Any contract award, change order or contract modification under which...
Section 13-1-144 - Cost or price analysis. - A cost analysis or a price analysis, as appropriate, may...
Section 13-1-145 - Cost principles; regulations. - The secretary, a local public body or a central purchasing...
Section 13-1-146 - Requirement for bid security. - Bid security shall be required of bidders or offerors for...
Section 13-1-146.1 - Directed suretyship prohibited; penalty. - A. Except to the extent necessary to ensure that a...
Section 13-1-147 - Bid security; rejection of bids. - A. When the invitation for bids requires bid security, noncompliance...
Section 13-1-148 - Bid and performance bonds; additional requirements. - A. Bid and performance bonds or other security may be...
Section 13-1-148.1 - Bonding of subcontractors. - A subcontractor shall provide a performance and payment bond on...
Section 13-1-149 - Types of contracts. - Subject to the limitations of Sections 123 through 127 [13-1-150...
Section 13-1-150 - Multi-term contracts; specified period. - A. A multi-term contract for items of tangible personal property,...
Section 13-1-151 - Multi-term contracts; determination prior to use. - Prior to the utilization of a multi-term contract, the state...
Section 13-1-152 - Multi-term contracts; cancellation due to unavailability of funds. - When funds are not appropriated or otherwise made available to...
Section 13-1-152.1 - Water storage tank service contracts. - A municipality may, by direct negotiation subsequent to receiving responses...
Section 13-1-153 - Multiple source award; limitations on use. - A multiple source award may be made pursuant to Section...
Section 13-1-154 - Multiple source award; determination required. - The state purchasing agent or central purchasing office shall make...
Section 13-1-154.1 - Multiple source contracts; architectural and engineering services contracts; indefinite quantity construction contracts. - A. A state agency or local public body may procure...
Section 13-1-155 - Procurement of used items; appraisal required; county road equipment exception for auctions. - A. A central purchasing office, when procuring used items of...
Section 13-1-156 - Trade or exchange of used items; appraisal required. - A. A central purchasing office, when trading in or exchanging...
Section 13-1-156.1 - Trade, exchange or disposal of tangible personal property; state-owned railroad. - A. In addition to other methods of disposal authorized by...
Section 13-1-157 - Receipt; inspection; acceptance or rejection of deliveries. - The using agency is responsible for inspecting and accepting or...
Section 13-1-158 - Payments for purchases. - A. No warrant, check or other negotiable instrument shall be...
Section 13-1-159 - Right to inspect plant. - A contract or a solicitation therefor may include a provision...
Section 13-1-160 - Audit of cost or pricing data. - A state agency or a local public body may, at...
Section 13-1-161 - Contract audit. - A state agency or a local public body shall be...
Section 13-1-162 - State procurement standards and specifications committee; terms; staff. - A. There is created a "state procurement standards and specifications...
Section 13-1-163 - Committee powers and duties; special committees; annual report. - A. The committee shall prepare standards, specifications and a list...
Section 13-1-164 - Specifications; maximum practicable competition. - All specifications shall be drafted so as to ensure maximum...
Section 13-1-165 - Brand-name specification; use. - A brand-name specification may be used only when the state...
Section 13-1-166 - Brand-name specification; competition. - The state purchasing agent or a central purchasing office shall...
Section 13-1-167 - Brand-name or equal specification; required characteristics. - Unless the state purchasing agent or a central purchasing office...
Section 13-1-168 - Brand-name or equal specification; required language. - Where a brand-name or equal specification is used in a...
Section 13-1-169 - Purchase request; specifications; purchase orders. - A. All using agency requests for procurement shall contain: (1)...
Section 13-1-170 - Uniform contract clauses. - A. A state agency, local public body or central purchasing...
Section 13-1-171 - Price adjustments. - Adjustments in price shall be computed in one or more...
Section 13-1-172 - Right to protest. - Any bidder or offeror who is aggrieved in connection with...
Section 13-1-173 - Procurements after protest. - In the event of a timely protest under Section 145...
Section 13-1-174 - Authority to resolve protests. - The state purchasing agent, a central purchasing office or a...
Section 13-1-175 - Protest; determination. - The state purchasing agent, a central purchasing office or a...
Section 13-1-176 - Protest; notice of determination. - A copy of the determination issued under Section 148 [13-1-175...
Section 13-1-177 - Authority to suspend or debar. - A. The state purchasing agent or a central purchasing office,...
Section 13-1-178 - Causes for debarment or suspension; time limit. - A. The causes for debarment or suspension occurring within three...
Section 13-1-179 - Debarment or suspension; determination. - The governing authority of a state agency or a local...
Section 13-1-180 - Debarment or suspension; notice of determination. - A copy of the determination made pursuant to Section 13-1-179...
Section 13-1-180.1 - Continuation of current contracts; restrictions on subcontracting. - A. Notwithstanding the debarment, suspension or proposed debarment of a...
Section 13-1-181 - Remedies prior to execution of contract. - If prior to the execution of a valid, written contract...
Section 13-1-182 - Ratification or termination after execution of contract. - If after the execution of a valid, written contract by...
Section 13-1-183 - Judicial review. - All actions authorized by the Procurement Code for judicial review...
Section 13-1-184 - Assistance to small business; policy. - It shall be the policy of this state to encourage...
Section 13-1-185 - Assistance to small business; duties of the state purchasing agent. - A. The state purchasing agent shall issue publications designed to...
Section 13-1-186 - Assistance to small business; bid bonds; reduction. - The state purchasing agent or central purchasing office may reduce...
Section 13-1-187 - Small business; report to the legislature. - The state purchasing agent shall annually, before January 1, report...
Section 13-1-188 - Public acquisition of American-made motor vehicles required. - A state agency shall only acquire motor vehicles assembled in...
Section 13-1-189 - Procurements pursuant to the Corrections Industries Act. - A. All state agencies shall purchase and all local public...
Section 13-1-190 - Unlawful employee participation prohibited. - A. Except as permitted by the University Research Park and...
Section 13-1-191 - Bribes; gratuities and kickbacks; contract reference required. - All contracts and solicitations therefor shall contain reference to the...
Section 13-1-191.1 - Campaign contribution disclosure and prohibition. - A. This section applies to prospective contractors with the state...
Section 13-1-192 - Contingent fees prohibited. - It is unlawful for a person or business to be...
Section 13-1-193 - Contemporaneous employment prohibited. - It is unlawful for any state agency or local public...
Section 13-1-194 - Waivers from contemporaneous employment and unlawful employee participation permitted. - A state agency or a local public body may grant...
Section 13-1-195 - Use of confidential information prohibited. - It is unlawful for any state agency or local public...
Section 13-1-196 - Civil penalty. - Any person, firm or corporation that knowingly violates any provision...
Section 13-1-196.1 - State ethics commission jurisdiction. - The state ethics commission may investigate complaints against a contractor...
Section 13-1-197 - Recovery of value transferred or received; additional civil penalty. - An amount equal to the value of anything transferred or...
Section 13-1-198 - Kickbacks; additional civil penalty. - Upon a showing that a subcontractor made a kickback to...
Section 13-1-199 - Penalties. - Any business or person that willfully violates the Procurement Code...
Article 1A - Purchasing Discounts
Section 13-1A-1 - Short title. - This act [13-1A-1 to 13-1A-4 NMSA 1978] may be cited...
Section 13-1A-2 - Purpose. - The purpose of the Purchasing Discount Act is to effect...
Section 13-1A-3 - Definition. - As used in the Purchasing Discount Act, "state agency" means...
Section 13-1A-4 - Revision of bookkeeping and payment procedures; reports of progress. - A. Not later than July 1, 1986, each state agency...
Article 1B - Alternative Fuel Acquisition
Section 13-1B-1 - Short title. - Chapter 13, Article 1B NMSA 1978 may be cited as...
Section 13-1B-2 - Definitions. - As used in the Alternative Fuel Acquisition Act: A. "alternative...
Section 13-1B-3 - Acquisition of vehicles; exemptions. - A. Seventy-five percent of light duty vehicles acquired in fiscal...
Section 13-1B-4 - Revolving loan fund created; administration. - A. The "alternative fuel acquisition loan fund" is created in...
Section 13-1B-5 - Revolving loan fund; loans made from the fund. - A. Money available in the fund may be loaned by...
Section 13-1B-6 - Loan program; duties of the department. - A. The department shall: (1) administer the provisions of the...
Section 13-1B-7 - Repayment of loans to the fund. - A. When developing the repayment schedule for loans from the...
Article 1C - State Use Act
Section 13-1C-1 - Short title. - Sections 1 through 7 of this act [13-1C-1 to 13-1C-7...
Section 13-1C-2 - Purpose. - The purpose of the State Use Act is to encourage...
Section 13-1C-3 - Definitions. - As used in the State Use Act: A. "central nonprofit...
Section 13-1C-4 - Council for purchasing from persons with disabilities; appointment; organization. - A. The "New Mexico council for purchasing from persons with...
Section 13-1C-5 - Authority and duties of the council; rules. - A. The council shall adopt rules in accordance with the...
Section 13-1C-6 - Existing vendor exclusion. - Services provided pursuant to and facilities covered by Section 22-14-27...
Section 13-1C-7 - Procurement by state agencies and local public bodies; cooperative agreements. - A. A state agency or local public body intending to...
Article 2 - Freight Bills - Audit by State (Repealed.)
Section 13-2-1 - Repealed. - Repeals. — Laws 2001, ch, 75, § 1 repealed 13-2-1...
Article 3 - Public Printing Contracts (Repealed.)
Section 13-3-1 to 13-3-5 - Repealed. - Repeals. — Laws 1984, ch. 65, § 175, repealed 13-3-1...
Article 4 - Public Works Contracts
Section 13-4-1 - Public works contracts. - It is the duty of every office, department, institution, board,...
Section 13-4-1.1 - Definitions; construction contract; contractor. - As used in Chapter 13, Article 4 NMSA 1978: A....
Section 13-4-2 - Application of preference. - A. For the purposes of this section: (1) "formal bid...
Section 13-4-3 - Federal aid projects exempt. - The provisions of Sections 13-4-1 through 13-4-4 NMSA 1978 shall...
Section 13-4-4 - [Contracts in violation declared void.] - All contracts executed in violation of this act [13-4-1 to...
Section 13-4-5 - Use of New Mexico materials. - In all public works within New Mexico, whether constructed or...
Section 13-4-6 - [Discrimination against New Mexico softwood timber in building codes prohibited.] - It shall be unlawful for any building code or codes...
Section 13-4-7 - [Use of New Mexico timber in public buildings required.] - In the construction, erection or repair of all of its...
Section 13-4-8 - Federal aid projects. - The provisions of Section 13-4-7 NMSA 1978 shall not apply...
Section 13-4-9 - [Penalty.] - Any person, firm, association or corporation distributing lumber in the...
Section 13-4-10 - Short title. - Sections 13-4-10 through 13-4-17 NMSA 1978 may be cited as...
Section 13-4-10.1 - Definitions. - As used in the Public Works Minimum Wage Act [13-4-10...
Section 13-4-11 - Prevailing wage and benefit rates determined; minimum wages and fringe benefits on public works; weekly payment; withholding funds. - A. Every contract or project in excess of sixty thousand...
Section 13-4-12 - Repealed. - History: 1953 Comp., § 6-6-6.1, enacted by Laws 1965, ch....
Section 13-4-13 - Failure to pay minimum wage; termination of contract. - Every contract within the scope of the Public Works Minimum...
Section 13-4-13.1 - Public works contracts; registration of contractors and subcontractors. - A. Except as otherwise provided in this subsection, in order...
Section 13-4-14 - Payment of wages from funds withheld; list of contractors violating act; additional right of wage earners. - A. The director shall certify to the contracting agency the...
Section 13-4-14.1 - Labor enforcement fund; creation; use. - The "labor enforcement fund" is created in the state treasury....
Section 13-4-14.2 - Registration cancellation, revocation, suspension; injunctive relief. - The director may: A. cancel, revoke or suspend with conditions,...
Section 13-4-15 - Appeals. - A. Any interested person may appeal any determination, finding or...
Section 13-4-16 - Construction of act. - Sections 13-4-10 through 13-4-17 NMSA 1978 shall not be construed...
Section 13-4-17 - Outstanding contracts and invitations. - The Public Works Minimum Wage Act [13-4-10 to 13-4-17 NMSA...
Section 13-4-18 - Construction contract performance and payment bonds. - A. When a construction contract is awarded in excess of...
Section 13-4-19 - Rights of person furnishing labor or materials and right of state with respect to taxes due. - A. The state shall have the right to sue on...
Section 13-4-20 - Additional bond in case of insolvency of sureties. - Whenever in its judgment any surety on such bond shall...
Section 13-4-21 - [Public contracts with nonresident persons or partnerships or unadmitted foreign corporations; agent for service of process.] - That all contracts entered into by the state of New...
Section 13-4-22 - [Secretary of state as agent for service.] - In the event any such contract shall not contain the...
Section 13-4-23 - [Service where there is no designated agent.] - The manner of procuring and serving process in any action...
Section 13-4-24 - [Continuances.] - The court in which any such action is pending shall,...
Section 13-4-26 - Repealed. - Repeals. — Laws 1984, ch. 65, § 175, repealed 13-4-25...
Section 13-4-27 to 13-4-30 - Repealed. - Repeals. — Laws 2001, ch. 68, § 12 repealed 13-4-27...
Section 13-4-31 - Short title. - Sections 1 through 12 [13-4-31 to 13-4-42 NMSA 1978] of...
Section 13-4-32 - Legislative findings. - The legislature finds that the practices of bid shopping and...
Section 13-4-33 - Definitions. - As used in the Subcontractors Fair Practices Act [13-4-31 to...
Section 13-4-34 - Listing of subcontractors; requirements. - A. Any using agency taking bids for any public works...
Section 13-4-35 - Exemption. - With the exclusion of that portion of work covering street...
Section 13-4-35.1 - Application of act. - The Subcontractors Fair Practices Act [13-4-31 to 13-4-42 NMSA 1978]...
Section 13-4-36 - Substitution of subcontractor. - A. No contractor whose bid is accepted shall substitute any...
Section 13-4-37 - Bond requirements. - A. It is the responsibility of each subcontractor submitting a...
Section 13-4-38 - Failure to specify subcontractor. - If a contractor fails to list a subcontractor in excess...
Section 13-4-39 - Inadvertent clerical error. - A. The contractor, as a condition to assert a claim...
Section 13-4-40 - Emergency subcontracting. - Subcontracting any portion of the work in excess of the...
Section 13-4-41 - Penalties. - A. When a contractor violates any provision of the Subcontractors...
Section 13-4-42 - Coverage of home rule municipalities. - Any home rule municipality or H class county chartered under...
Section 13-4-43 - Dispute resolution. - Once the using agency has determined the existence of a...
Article 4A - Art in Public Places
Section 13-4A-1 - Short title. - This act [13-4A-1 to 13-4A-11 NMSA 1978] may be cited...
Section 13-4A-2 - Legislative declaration. - The legislature declares it to be a policy of the...
Section 13-4A-3 - Definitions. - As used in the Art in Public Places Act: A....
Section 13-4A-4 - Allocation of construction costs. - A. All agencies shall allocate as a nondeductible item an...
Section 13-4A-5 - Art in public places fund; creation. - There is created in the state treasury the "art in...
Section 13-4A-6 - Works of art. - The works of art acquired pursuant to the Art in...
Section 13-4A-7 - Administration of the program. - The division shall determine the amount to be made available...
Section 13-4A-8 - Artist selection. - The division shall establish guidelines for the art selection process....
Section 13-4A-9 - Separate contracts. - Expenditures for works of art as provided in Section 7...
Section 13-4A-10 - Division; rules and regulations. - The selection, execution, placement and acceptance of works of art...
Section 13-4A-11 - Maintenance. - The contracting agency or its designee is responsible for inventory,...
Article 4B - Fine Art in Public Buildings
Section 13-4B-1 - Findings. - The legislature finds that the physical alteration or destruction of...
Section 13-4B-2 - Definitions. - As used in this act [13-4B-1 to 13-4B-3 NMSA 1978]:...
Section 13-4B-3 - Fine art; alteration or destruction prohibited; injunctive relief; damages; exceptions. - A. No person except an artist who owns or possesses...
Article 4C - Public Works Mediation
Section 13-4C-1 - Short title. - Chapter 13, Article 4C NMSA 1978 may be cited as...
Section 13-4C-2 - Definitions. - As used in the Public Works Mediation Act: A. "interested...
Section 13-4C-3 - Application. - The Public Works Mediation Act applies to all disputes related...
Section 13-4C-4 - Mediation requirement; exemptions. - A. Except as provided in Subsections B, C and D...
Section 13-4C-5 - Notice of mediation session; service of notice. - A. An interested person may convene a mediation session for...
Section 13-4C-6 - Location of mediation session. - The mediation session shall be conducted at a neutral site...
Section 13-4C-7 - Written materials. - Each interested person properly notified of a mediation session shall...
Section 13-4C-8 - Attendance. - All interested persons or representatives of interested persons properly notified...
Section 13-4C-9 - Recording of agreements; compromise and offers to compromise. - A. Following the completion of a mediation session, the mediator...
Section 13-4C-10 - Mediation clause in a contract; application of federal law. - A. When persons include a mediation clause in a contract...
Section 13-4C-11 - Costs. - A. The costs of a mediation session shall be borne...
Article 4D - Public Works Apprenticeship and Training
Section 13-4D-1 - Short title. - Chapter 13, Article 4D NMSA 1978 may be cited as...
Section 13-4D-2 - Purpose. - The purpose of the Public Works Apprentice and Training Act...
Section 13-4D-3 - Definitions. - As used in the Public Works Apprentice and Training Act:...
Section 13-4D-4 - Administration. - A. The Public Works Apprentice and Training Act shall be...
Section 13-4D-5 - Fund created; disbursement of funds. - There is created the "public works apprentice and training fund"...
Section 13-4D-6 - Notice to employers; publication of programs. - A. An employer's contribution requirement under the provisions of the...
Section 13-4D-7 - Noncompliance; penalties. - An employer who willfully and knowingly fails to comply with...
Section 13-4D-8 - Appeals. - An alleged noncomplying employer may appeal any of the penalties...
Article 5 - Insurance on Public Buildings
Section 13-5-1 - State agency public property; insurance; reserves for losses of state agencies; public property reserve fund created. - A. The risk management division of the general services department...
Section 13-5-2 - Repealed. - Repeals. — Laws 1978, ch. 166, § 17, repealed 6-1-4.1,...
Section 13-5-3 - Public property; local public bodies; insurance; reserves for losses. - A. Local public bodies shall purchase insurance for public buildings...
Section 13-5-3.1 - Public buildings; compliance with the national flood insurance program. - A building that receives state appropriations for its construction or...
Section 13-5-3.1 - Public buildings; compliance with the national flood insurance program. (Effective July 1, 2022.) - A. The homeland security and emergency management department, as the...
Article 6 - Sale of Public Property
Section 13-6-1 - Disposition of obsolete, worn-out or unusable tangible personal property. - A. The governing authority of each state agency, local public...
Section 13-6-2 - Sale of property by state agencies or local public bodies; authority to sell or dispose of property; approval of appropriate approval authority. - A. Providing a written determination has been made, a state...
Section 13-6-2.1 - Sales, trades or leases; state board of finance approval. - A. Except as provided in Section 13-6-3 NMSA 1978, for...
Section 13-6-3 - Sale, trade or lease of real property by state agencies; approval of legislature; exceptions. - A. Any sale, trade or lease for a period exceeding...
Section 13-6-4 - Definitions. - As used in Chapter 13, Article 6 NMSA 1978: A....
Section 13-6-5 - Sale of real property by state agencies; land grant right of first refusal. - A. Notwithstanding the provisions of Section 13-6-2 or 67-3-8.2 NMSA...
Section 13-6-6 - Surplus property bureau created; duties; powers. - A. The "surplus property bureau" is created in the transportation...
Section 13-6-7 - Surplus property fund; created; expenditures. - A. The "surplus property fund" is created as a nonreverting...
Section 13-6-8 - Disposition of state property. - The surplus property bureau of the transportation services division of...
Article 7 - Health Care Purchasing
Section 13-7-1 - Short title. - Chapter 13, Article 7 NMSA 1978 may be cited as...
Section 13-7-2 - Purpose of act. - The purpose of the Health Care Purchasing Act is to...
Section 13-7-3 - Definitions. - As used in the Health Care Purchasing Act: A. "consolidated...
Section 13-7-4 - Mandatory consolidated purchasing. - A. The agencies shall enter into a cooperative consolidated purchasing...
Section 13-7-5 - Consolidated purchasing for other persons. - A. Counties, municipalities, state educational institutions and other political subdivisions...
Section 13-7-6 - Use of social security numbers. - The publicly funded health care agencies, political subdivisions and other...
Section 13-7-7 - Consolidated administrative functions; benefit. - A. The publicly funded health care agencies, political subdivisions and...
Section 13-7-8 - Maximum age of dependent. - Any group health care coverage, including any form of self-insurance,...
Section 13-7-9 - General anesthesia and hospitalization for dental surgery. - A. Group health care coverage, including any form of self-insurance,...
Section 13-7-10 - Hearing aid coverage for children required. - A. Group health care coverage, including any form of self-insurance,...
Section 13-7-11 - Required coverage of patient costs incurred in cancer clinical trials. - Group health coverage, including any form of self-insurance, offered, issued...
Section 13-7-12 - Coverage for orally administered anticancer medications; limits on patient costs. - A. Group health coverage, including any form of self-insurance, offered,...
Section 13-7-13 - Coverage of prescription eye drop refills. - A. Group health coverage, including any form of self-insurance, offered,...
Section 13-7-14 - Coverage for telemedicine services. - A. Group health coverage, including any form of self-insurance, offered,...
Section 13-7-15 - Prescription drugs; prohibited formulary changes; notice requirements. - A. As of January 1, 2014, group health coverage, including...
Section 13-7-16 - Coverage for autism spectrum disorder diagnosis and treatment; permissible limitations. - A. Group health coverage, including any form of self-insurance, offered,...
Section 13-7-17 - Pharmacy benefits; prescription synchronization. - A. Group health coverage, including any form of self-insurance, offered,...
Section 13-7-18 - Prescription drug coverage; step therapy protocols; clinical review criteria; exceptions. - A. Group health coverage, including any form of self-insurance, offered,...
Section 13-7-19 - Prior authorization for gynecological or obstetrical ultrasounds prohibited. - A. Group health coverage, including any form of self-insurance, offered,...
Section 13-7-20 - Prior Authorization Act. - Benefits administrators of group health coverage, including any form of...
Section 13-7-21 - Physical rehabilitation services; limits on cost sharing. - A. Group health coverage, including any form of self-insurance, offered,...
Section 13-7-22 - Coverage for contraception. - A. Group health coverage, including any form of self-insurance, offered,...
Section 13-7-23 - Pharmacist prescriptive authority services; reimbursement parity. - A group health plan shall reimburse a participating provider that...
Section 13-7-24 - Heart artery calcium scan coverage. - A. Group health coverage, including any form of self-insurance, offered,...
Section 13-7-25 - Insulin for diabetes; cost-sharing cap. - Group health care coverage, including any form of self-insurance, offered,...
Section 13-7-26 - Behavioral health services; elimination of cost sharing. (Effective January 1, 2022.) - A. Until January 1, 2027, group health coverage, including any...
Article 8 - Public Building Plaques
Section 13-8-1 - Public buildings; acknowledgment of taxpayers when elected officials acknowledged. - On every new public building plaque that lists, acknowledges or...