New Mexico Statutes
Chapter 13 - Public Purchases and Property
Article 1 - Procurement

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Section 13-1-23 to 13-1-27 - Repealed.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 — Laws 1984, ch. 65, § 175, repealed 13-1-23...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...

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New Mexico Statutes Chapter 13 - Public Purchases and Property Article 1 - Procurement

New Mexico Statutes
Chapter 13 - Public Purchases and Property
Article 1 - Procurement