A. A central purchasing office shall procure services, construction or items of tangible personal property having a value not exceeding sixty thousand dollars ($60,000), excluding applicable state and local gross receipts taxes, in accordance with the applicable small purchase rules adopted by the secretary, a local public body or a central purchasing office that has the authority to issue rules.
B. Notwithstanding the requirements of Subsection A of this section, a central purchasing office may procure professional services having a value not exceeding sixty thousand dollars ($60,000), excluding applicable state and local gross receipts taxes, except for the services of landscape architects or surveyors for state public works projects or local public works projects, in accordance with professional services procurement rules promulgated by the general services department or a central purchasing office with the authority to issue rules.
C. Notwithstanding the requirements of Subsection A of this section, a state agency or a local public body may procure services, construction or items of tangible personal property having a value not exceeding twenty thousand dollars ($20,000), excluding applicable state and local gross receipts taxes, by issuing a direct purchase order to a contractor based upon the best obtainable price.
D. Procurement requirements shall not be artificially divided so as to constitute a small purchase under this section.
History: Laws 1984, ch. 65, § 98; 1987, ch. 348, § 8; 1988, ch. 54, § 1; 1989, ch. 69, § 16; 1995, ch. 139, § 1; 1997, ch. 69, § 1; 2001, ch. 292, § 6; 2005, ch. 214, § 2; 2007, ch. 315, § 3; 2013, ch. 70, § 7; 2019, ch. 153, § 3.
Cross references. — For adoption of rules and regulations by director of department of finance and administration, see 9-6-5 NMSA 1978.
For adoption of rules and regulations by secretary of general services department, see 9-17-5 NMSA 1978.
The 2019 amendment, effective July 1, 2019, removed the department of finance and administration from the responsibility of promulgating rules for procuring certain professional services by a central purchasing office; in Subsection B, after "promulgated by", deleted "the department of finance and administration".
Temporary provisions. — Laws 2019, ch. 153, § 6 provided:
A. On the effective date of this act, all personnel, functions, appropriations, money, records, furniture, equipment and other property of, or attributable to, the contracts review bureau of the administrative services division of the department of finance and administration are transferred to the purchasing division of the general services department.
B. On the effective date of this act, all contractual obligations of the contracts review bureau of the administrative services division of the department of finance and administration become binding on the purchasing division of the general services department.
C. On and after the effective date of this act, rules of the department of finance and administration pertaining to the approval of professional services contracts shall be deemed to be the rules of the general services department until amended or repealed by the general services department, and all references in those rules to the department of finance and administration shall be deemed to be references to the general services department.
The 2013 amendment, effective July 1, 2013, increased the dollar amount of small purchases; in Subsection A, after "not exceeding", deleted "twenty thousand dollars ($20,000)" and added "sixty thousand dollars ($60,000), excluding applicable state and local gross receipts taxes", after "applicable small purchase", deleted "regulation" and added "rules", and after "authority to issue", deleted "regulation" and added "rules"; in Subsection B, after "not exceeding", deleted "fifty thousand dollars ($50,000)" and added "sixty thousand dollars ($60,000)", after "professional services procurement", deleted "regulation" and added "rules", and after "authority to issue", deleted "regulation" and added "rules"; and in Subsection C, after "not exceeding", deleted "ten thousand dollars ($10,000)" and added "twenty thousand dollars ($20,000), excluding applicable state and local gross receipts taxes".
The 2007 amendment, effective June 15, 2007, increased the amount of small purchases of professional services from $30,000 to $50.000 and tangible personal property from $5,000 to $10,000.
The 2005 amendment, effective July 1, 2005, increased the maximum value of small purchases from $10,000 to $20,000 in Subsection A; increased the maximum value of professional services from $20,000 to $30,000 in Subsection B; and increased the maximum value of purchases at best obtainable prices from $1,500 to $5,000 in Subsection C.
The 2001 amendment, effective July 1, 2001, deleted "The state purchasing agent or" from the beginning of the first sentence of Subsection A; and substituted "one thousand five hundred dollars" for "five hundred dollars" in Subsection C.
The 1997 amendment, effective June 20, 1997, substituted "ten thousand dollars" for "five thousand dollars" in Subsection A, deleted former Subsection C relating to school and educational institution purchases, and redesignated former Subsections D and E as Subsections C and D.
The 1995 amendment, effective June 16, 1995, made a minor stylistic change in Subsection A and inserted "for a state two-year post-secondary institution or for a school district as defined in the Public School Code" in Subsection C.
School board's procurement of legal services without a competitive-sealed-proposal process did not violate the Procurement Code. — A school district that procured legal services at a cost of approximately $40,000 from a law firm that was not awarded a contract through the school district's competitive sealed proposal process did not violate the Procurement Code, because under the Procurement Code, a local public body, which includes a school district, can procure professional legal services from a law firm without using a competitive sealed proposal process as long as the total contract amount does not exceed $60,000 and the procurement accords with the professional services procurement rules promulgated by the school district's central purchasing office, and in this case, the procurement at issue did not exceed $60,000 and did not violate the school district's professional services procurement rules. 2020 Op. Ethics Comm'n No. 2020-08.
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.