A. For each proposed state public works project, local public works project or construction management contract, the architect, engineer, landscape architect, construction management and surveyor selection committee, state highway and transportation department selection committee or local selection committee, as appropriate, shall evaluate statements of qualifications and performance data submitted by at least three businesses in regard to the particular project and may conduct interviews with and may require public presentation by all businesses applying for selection regarding their qualifications, their approach to the project and their ability to furnish the required services.
B. The appropriate selection committee shall select, ranked in the order of their qualifications, no less than three businesses deemed to be the most highly qualified to perform the required services, after considering the following criteria together with any criteria, except price, established by the using agency authorizing the project:
(1) specialized design and technical competence of the business, including a joint venture or association, regarding the type of services required;
(2) capacity and capability of the business, including any consultants, their representatives, qualifications and locations, to perform the work, including any specialized services, within the time limitations;
(3) past record of performance on contracts with government agencies or private industry with respect to such factors as control of costs, quality of work and ability to meet schedules;
(4) proximity to or familiarity with the area in which the project is located;
(5) the amount of design work that will be produced by a New Mexico business within this state;
(6) the volume of work previously done for the entity requesting proposals which is not seventy-five percent complete with respect to basic professional design services, with the objective of effecting an equitable distribution of contracts among qualified businesses and of assuring that the interest of the public in having available a substantial number of qualified businesses is protected; provided, however, that the principle of selection of the most highly qualified businesses is not violated; and
(7) notwithstanding any other provisions of this subsection, price may be considered in connection with construction management contracts, unless the services are those of an architect, engineer, landscape architect or surveyor.
C. Notwithstanding the requirements of Subsections A and B of this section, if fewer than three businesses have submitted a statement of qualifications for a particular project, the appropriate committee may:
(1) rank in order of qualifications and submit to the secretary or local governing authority of the public body for award those businesses which have submitted a statement of qualifications; or
(2) recommend termination of the selection process pursuant to Section 13-1-131 NMSA 1978 and sending out of new notices of the resolicitation of the proposed procurement pursuant to Section 13-1-104 NMSA 1978. Any proposal received in response to the terminated solicitation is not public information and shall not be made available to competing offerors.
D. The names of all businesses submitting proposals and the names of all businesses, if any, selected for interview shall be public information. After an award has been made, the appropriate selection committee's final ranking and evaluation scores for all proposals shall become public information. Businesses which have not been selected for contract award shall be so notified in writing within fifteen days after an award is made.
History: Laws 1984, ch. 65, § 93; 1987, ch. 301, § 2; 1989, ch. 69, § 12; 1993, ch. 72, § 3; 1997, ch. 171, § 6.
The 1997 amendment, effective June 20, 1997, in Subsection A, inserted "or construction management contract" and "construction management" and made related stylistic changes; inserted "appropriate" in Subsections B and C; inserted "including any consultants, their representatives, qualifications and locations, to" in Paragraph B(2); substituted "violated" for "violate" at the end of Paragraph B(6); added Paragraph B(7) and made related stylistic changes; inserted "governing authority of the" in Paragraph C(1); in paragraph C(2), inserted "pursuant to Section 13-1-131 NMSA 1978" and "resolicitation of the" and added the last sentence; and in Subsection D, inserted "the appropriate selection committee's" and "for contract award", and substituted "fifteen days" for "twenty-one days" near the end of the subsection.
The 1993 amendment, effective June 18, 1993, inserted "state highway and transportation department selection committee" in Subsection A.
Structure New Mexico Statutes
Chapter 13 - Public Purchases and Property
Section 13-1-1 to 13-1-20 - Repealed.
Section 13-1-21 - Application of preferences.
Section 13-1-22 - Resident business and resident contractor certification. (Effective July 1, 2022.)
Section 13-1-23 to 13-1-27 - Repealed.
Section 13-1-28 - Short title.
Section 13-1-29 - Rules of construction; purposes.
Section 13-1-30 - Application of the code.
Section 13-1-30.1 - Standardized classification codes; applicability.
Section 13-1-31 - Definition; architectural services.
Section 13-1-32 - Definition; blind trust.
Section 13-1-33 - Definition; brand-name specification.
Section 13-1-34 - Definition; brand-name or equal specification.
Section 13-1-35 - Definition; business.
Section 13-1-36 - Definition; catalogue price.
Section 13-1-37 - Definition; central purchasing office.
Section 13-1-38 - Definition; change order.
Section 13-1-38.1 - Definition; chief procurement officer.
Section 13-1-39 - Definition; confidential information.
Section 13-1-40 - Definition; construction.
Section 13-1-40.1 - Definition; construction management and construction manager.
Section 13-1-41 - Definition; contract.
Section 13-1-42 - Definition; contract modification.
Section 13-1-43 - Definition; contractor.
Section 13-1-44 - Definition; cooperative procurement.
Section 13-1-45 - Definition; cost analysis.
Section 13-1-46 - Definition; cost data.
Section 13-1-47 - Definition; cost reimbursement contract.
Section 13-1-49 - Definition; data.
Section 13-1-50 - Definition; definite quantity contract.
Section 13-1-51 - Definition; designee.
Section 13-1-52 - Definition; determination.
Section 13-1-53 - Definition; direct or indirect participation.
Section 13-1-53.1 - Definition; electronic.
Section 13-1-54 - Definition; employee.
Section 13-1-55 - Definition; engineering services.
Section 13-1-56 - Definition; external procurement unit.
Section 13-1-56.1 - Recompiled.
Section 13-1-57 - Definition; financial interest.
Section 13-1-58 - Definition; firm fixed price contract.
Section 13-1-59 - Definition; gratuity.
Section 13-1-60 - Definition; heavy road equipment.
Section 13-1-61 - Definition; highway reconstruction.
Section 13-1-62 - Definition; immediate family.
Section 13-1-63 - Definition; indefinite quantity contract.
Section 13-1-64 - Definition; invitation for bids.
Section 13-1-65 - Definition; surveying services.
Section 13-1-66 - Definition; landscape architectural services.
Section 13-1-66.1 - Definition; local public works project.
Section 13-1-67 - Definition; local public body.
Section 13-1-68 - Definition; multi-term contract.
Section 13-1-69 - Definition; multiple source award.
Section 13-1-70 - Definition; notice of invitation for bids.
Section 13-1-70.1 - Definition; person.
Section 13-1-71 - Definition; price agreement.
Section 13-1-72 - Definition; price analysis.
Section 13-1-73 - Definition; pricing data.
Section 13-1-74 - Definition; procurement.
Section 13-1-75 - Definition; procurement officer.
Section 13-1-76 - Definition; professional services.
Section 13-1-77 - Definition; purchase order.
Section 13-1-78 - Definition; purchase request.
Section 13-1-79 - Definition; qualified products list.
Section 13-1-80 - Definition; regulation.
Section 13-1-81 - Definition; request for proposals.
Section 13-1-82 - Definition; responsible bidder.
Section 13-1-83 - Definition; responsible offeror.
Section 13-1-84 - Definition; responsive bid.
Section 13-1-85 - Definition; responsive offer.
Section 13-1-86 - Definition; secretary.
Section 13-1-86.1 - Duty to promulgate rules.
Section 13-1-87 - Definition; services.
Section 13-1-88 - Definition; small business.
Section 13-1-89 - Definition; specification.
Section 13-1-90 - Definition; state agency.
Section 13-1-91 - Definition; state public works project.
Section 13-1-92 - Definition; state purchasing agent.
Section 13-1-93 - Definition; tangible personal property.
Section 13-1-94 - Definition; using agency.
Section 13-1-95.1 - Electronic transmissions.
Section 13-1-95.2 - Chief procurement officers; reporting requirement; training; certification.
Section 13-1-95.3 - State agency; reporting required; in-state and out-of-state contracts.
Section 13-1-96 - Delegation of authority by the state purchasing agent.
Section 13-1-97 - Centralization of procurement authority.
Section 13-1-97.2 - Competitive sealed bids and proposals; record maintenance.
Section 13-1-98 - Exemptions from the Procurement Code.
Section 13-1-98.1 - Hospital and health care exemption.
Section 13-1-98.2 - Additional exemptions from the Procurement Code.
Section 13-1-99 - Excluded from central purchasing through the state purchasing agent.
Section 13-1-100 - Construction contracts; central purchasing office.
Section 13-1-100.1 - Construction contracts; construction management services.
Section 13-1-102 - Competitive sealed bids required.
Section 13-1-103 - Invitation for bids.
Section 13-1-104 - Competitive sealed bids; public notice.
Section 13-1-105 - Competitive sealed bids; receipt and acceptance of bids.
Section 13-1-106 - Competitive sealed bids; correction or withdrawal of bids.
Section 13-1-107 - Competitive sealed bids; bid opening.
Section 13-1-108 - Competitive sealed bids; award.
Section 13-1-108.1 - Recompiled.
Section 13-1-109 - Competitive sealed bids; multi-step sealed bidding.
Section 13-1-110 - Competitive sealed bids; identical bids.
Section 13-1-111 - Competitive sealed proposals; conditions for use.
Section 13-1-112 - Competitive sealed proposals; request for proposals.
Section 13-1-113 - Competitive sealed proposals; public notice.
Section 13-1-114 - Competitive sealed proposals; evaluation factors.
Section 13-1-115 - Competitive sealed proposals; negotiations.
Section 13-1-116 - Competitive sealed proposals; disclosure; record.
Section 13-1-117 - Competitive sealed proposals; award.
Section 13-1-118 - Competitive sealed proposals; professional services contracts; contract review.
Section 13-1-119.1 - Public works project delivery system; design and build projects authorized.
Section 13-1-119.2 - Design and build procurement for certain transportation projects.
Section 13-1-123 - Architectural, engineering, landscape architectural and surveying contracts.
Section 13-1-124 - Architect rate schedule.
Section 13-1-124.1 - Short title.
Section 13-1-124.2 - Applicability.
Section 13-1-124.3 - Definitions.
Section 13-1-124.5 - Responsibilities of construction manager at risk following award of project.
Section 13-1-125 - Small purchases.
Section 13-1-126 - Sole source procurement.
Section 13-1-126.1 - Sole source contracts; notice; protest.
Section 13-1-127 - Emergency procurement; required conditions; limitations; notice.
Section 13-1-129 - Procurement under existing contracts.
Section 13-1-130 - Purchases; antipoverty program business.
Section 13-1-131 - Rejection or cancellation of bids or requests for proposals; negotiations.
Section 13-1-132 - Irregularities in bids or proposals.
Section 13-1-133 - Responsibility of bidders and offerors.
Section 13-1-134 - Prequalification of bidders.
Section 13-1-135 - Cooperative procurement authorized.
Section 13-1-135.1 - Recycled content goods; cooperative procurement.
Section 13-1-136 - Cooperative procurement; reports required.
Section 13-1-137 - Sale, acquisition or use of property by a state agency or a local public body.
Section 13-1-138 - Cost or pricing data required.
Section 13-1-138.1 - Specification of certain components; separate pricing required.
Section 13-1-139 - Cost or pricing data not required.
Section 13-1-140 - Cost or pricing data; change orders or contract modifications.
Section 13-1-141 - Cost or pricing data; change orders; contract modifications; exceptions.
Section 13-1-142 - Cost or pricing data; certification required.
Section 13-1-143 - Cost or pricing data; price adjustment provision required.
Section 13-1-144 - Cost or price analysis.
Section 13-1-145 - Cost principles; regulations.
Section 13-1-146 - Requirement for bid security.
Section 13-1-146.1 - Directed suretyship prohibited; penalty.
Section 13-1-147 - Bid security; rejection of bids.
Section 13-1-148 - Bid and performance bonds; additional requirements.
Section 13-1-148.1 - Bonding of subcontractors.
Section 13-1-149 - Types of contracts.
Section 13-1-150 - Multi-term contracts; specified period.
Section 13-1-151 - Multi-term contracts; determination prior to use.
Section 13-1-152 - Multi-term contracts; cancellation due to unavailability of funds.
Section 13-1-152.1 - Water storage tank service contracts.
Section 13-1-153 - Multiple source award; limitations on use.
Section 13-1-154 - Multiple source award; determination required.
Section 13-1-156 - Trade or exchange of used items; appraisal required.
Section 13-1-157 - Receipt; inspection; acceptance or rejection of deliveries.
Section 13-1-158 - Payments for purchases.
Section 13-1-159 - Right to inspect plant.
Section 13-1-160 - Audit of cost or pricing data.
Section 13-1-161 - Contract audit.
Section 13-1-162 - State procurement standards and specifications committee; terms; staff.
Section 13-1-163 - Committee powers and duties; special committees; annual report.
Section 13-1-164 - Specifications; maximum practicable competition.
Section 13-1-165 - Brand-name specification; use.
Section 13-1-166 - Brand-name specification; competition.
Section 13-1-167 - Brand-name or equal specification; required characteristics.
Section 13-1-168 - Brand-name or equal specification; required language.
Section 13-1-169 - Purchase request; specifications; purchase orders.
Section 13-1-170 - Uniform contract clauses.
Section 13-1-171 - Price adjustments.
Section 13-1-172 - Right to protest.
Section 13-1-173 - Procurements after protest.
Section 13-1-174 - Authority to resolve protests.
Section 13-1-175 - Protest; determination.
Section 13-1-176 - Protest; notice of determination.
Section 13-1-177 - Authority to suspend or debar.
Section 13-1-178 - Causes for debarment or suspension; time limit.
Section 13-1-179 - Debarment or suspension; determination.
Section 13-1-180 - Debarment or suspension; notice of determination.
Section 13-1-180.1 - Continuation of current contracts; restrictions on subcontracting.
Section 13-1-181 - Remedies prior to execution of contract.
Section 13-1-182 - Ratification or termination after execution of contract.
Section 13-1-183 - Judicial review.
Section 13-1-184 - Assistance to small business; policy.
Section 13-1-185 - Assistance to small business; duties of the state purchasing agent.
Section 13-1-186 - Assistance to small business; bid bonds; reduction.
Section 13-1-187 - Small business; report to the legislature.
Section 13-1-188 - Public acquisition of American-made motor vehicles required.
Section 13-1-189 - Procurements pursuant to the Corrections Industries Act.
Section 13-1-190 - Unlawful employee participation prohibited.
Section 13-1-191 - Bribes; gratuities and kickbacks; contract reference required.
Section 13-1-191.1 - Campaign contribution disclosure and prohibition.
Section 13-1-192 - Contingent fees prohibited.
Section 13-1-193 - Contemporaneous employment prohibited.
Section 13-1-195 - Use of confidential information prohibited.
Section 13-1-196 - Civil penalty.
Section 13-1-196.1 - State ethics commission jurisdiction.
Section 13-1-197 - Recovery of value transferred or received; additional civil penalty.