A. A state agency or local public body intending to procure a service on a list published by the council shall, in accordance with rules of the council, procure the service at the price established by the council if the service is available within the period required by the state agency or local public body. Procurement pursuant to the State Use Act [Chapter 14, Article 4 NMSA 1978] is exempt from the provisions of the Procurement Code [13-1-28 to 13-1-199 NMSA 1978].
B. The council and a state agency or local public body may enter into a cooperative agreement for effective coordination of the objectives of the State Use Act and any other law requiring procurement of services from a state agency or local public body.
History: Laws 2005, ch. 334, § 7.
Effective dates. — Laws 2005, ch. 334 contained no effective date provision, but, pursuant to N.M. Const., art. IV, § 23, was effective June 17, 2005, 90 days after adjournment of the legislature.
Self-dealing by non-state-employed council members does not violate the Governmental Conduct Act or the Procurement Code. — Neither the Governmental Conduct Act nor the Procurement Code prohibits members of the New Mexico council for purchasing from persons with disabilities (council) from voting to approve a contract subject to the State Use Act, 13-1C-1 to 13-1C-7 NMSA 1978, between a state agency or local public body and a council member or a company in which the council member has a financial interest. Most of the members of the council do not receive compensation or cost reimbursements from the state, and therefore are not subject to the Governmental Conduct Act's conflict-of-interest provisions, and because procurements under the State Use Act are exempt from the requirements of the Procurement Code, the Procurement Code's conflict-of-interest section is unavailing. 2020 Op. Ethics Comm'n No. 2020-07.
Structure New Mexico Statutes
Chapter 13 - Public Purchases and Property
Section 13-1C-1 - Short title.
Section 13-1C-3 - Definitions.
Section 13-1C-4 - Council for purchasing from persons with disabilities; appointment; organization.
Section 13-1C-5 - Authority and duties of the council; rules.
Section 13-1C-6 - Existing vendor exclusion.
Section 13-1C-7 - Procurement by state agencies and local public bodies; cooperative agreements.