In all public works within New Mexico, whether constructed or maintained by the state or by a department, board or commission of the state or by any political subdivision of the state, or in any construction or maintenance to which the state or any political subdivision of the state has granted aid, preference shall be given to materials produced, grown, processed or manufactured in New Mexico by citizens or residents of New Mexico. In any case where, in the judgment of the different officers, boards, commissions or other authorities in this state vested with the power of contracting for material used in the construction or maintenance of public works referred to in this section, it appears that an attempt is being made by producers, growers, processors or manufacturers in the state to form a trust or combination of any kind for the purpose of fixing or regulating the price of materials to be used in any public works to the detriment of or loss to the state, the provisions of this section shall not apply.
History: Laws 1933, ch. 19, § 1; 1941 Comp., § 6-505; 1953 Comp., § 6-6-5; Laws 1969, ch. 16, § 1; 1997, ch. 1, § 4; 1997, ch. 2, § 4; 2011 (1st S.S.), ch. 3, § 6.
The 2011 (1st. S.S.) amendment, effective October 5, 2011, eliminated the preference for New York state business enterprises; in the first sentence, after "resident of New Mexico", deleted "or provided or offered by a New York state business enterprise, and such materials shall be used where they are deemed satisfactory for the intended use"; and deleted former Subsection B, which defined "New York state business enterprise".
The 1997 amendment, effective January 24, 1997, designated the existing language as Subsection A, inserted "of New Mexico or provided or offered by a New York State business enterprise" following "citizens or residents", "they" following "used where", and "in this section" following "referred to"; and added Subsection B.
Provisions outside title not given effect. — The body of this section is broader than the title of the act, and as a result those provisions outside the title will not be given effect. 1934 Op. Att'y Gen. 34-719.
Operation of section. — The operation of this section should be confined to construction of public works in which it would be practicable to give preference to materials produced in New Mexico, and should be left to the discretion of board or commission having control of the work. 1934 Op. Att'y Gen. No. 34-719.
Am. Jur. 2d, A.L.R. and C.J.S. references. — 64 Am. Jur. 2d Public Works and Contracts §§ 27, 28.
Differences in character or quality of materials, articles, or work as affecting acceptance of bid for public contract, 27 A.L.R.2d 917.
Requirement of Buy American Act (41 USCS §§ 10a-10d) that American-made articles be preferred in government contracts, 58 A.L.R. Fed. 312.
Validity, construction, and application of state "Buy American" Acts, 107 A.L.R.5th 673.
72 Supp. C.J.S. Public Contracts § 31.
Structure New Mexico Statutes
Chapter 13 - Public Purchases and Property
Article 4 - Public Works Contracts
Section 13-4-1 - Public works contracts.
Section 13-4-1.1 - Definitions; construction contract; contractor.
Section 13-4-2 - Application of preference.
Section 13-4-3 - Federal aid projects exempt.
Section 13-4-4 - [Contracts in violation declared void.]
Section 13-4-5 - Use of New Mexico materials.
Section 13-4-6 - [Discrimination against New Mexico softwood timber in building codes prohibited.]
Section 13-4-7 - [Use of New Mexico timber in public buildings required.]
Section 13-4-8 - Federal aid projects.
Section 13-4-10 - Short title.
Section 13-4-10.1 - Definitions.
Section 13-4-13 - Failure to pay minimum wage; termination of contract.
Section 13-4-13.1 - Public works contracts; registration of contractors and subcontractors.
Section 13-4-14.1 - Labor enforcement fund; creation; use.
Section 13-4-14.2 - Registration cancellation, revocation, suspension; injunctive relief.
Section 13-4-16 - Construction of act.
Section 13-4-17 - Outstanding contracts and invitations.
Section 13-4-18 - Construction contract performance and payment bonds.
Section 13-4-20 - Additional bond in case of insolvency of sureties.
Section 13-4-22 - [Secretary of state as agent for service.]
Section 13-4-23 - [Service where there is no designated agent.]
Section 13-4-24 - [Continuances.]
Section 13-4-27 to 13-4-30 - Repealed.
Section 13-4-31 - Short title.
Section 13-4-32 - Legislative findings.
Section 13-4-33 - Definitions.
Section 13-4-34 - Listing of subcontractors; requirements.
Section 13-4-35.1 - Application of act.
Section 13-4-36 - Substitution of subcontractor.
Section 13-4-37 - Bond requirements.
Section 13-4-38 - Failure to specify subcontractor.
Section 13-4-39 - Inadvertent clerical error.
Section 13-4-40 - Emergency subcontracting.