New Mexico
Administrative Fees:
Administrative Fees on State Contracts
Disclaimer:
This information is self-reported by the state via the Survey of State Procurement Practices
Administrative Fees in Use:
Yes
Types of Contracts with Admin. Fees:
Statewide/Enterprise, National Cooperative
Amount and Frequency of Fees Collected:
1% per quarter
State authority to conduct best value procurement (BVP)
Best Value Procurement Definition:
Best Value Procurement Definition
Definition of Best Value Procurement:
No
Statutory, regulatory, and procedural guidance for bid protests
Protest Procedure:
Protest Procedure
Status:
Statutory Guidance
Citation:
NM ADC 1.4.1.82
Citation Language:
1.4.1.82 FILING OF PROTEST: A. Protest must be written. Protests must be in writing and addressed to the state purchasing agent or central purchasing office, whichever has control and administration over the procurement. B. Contents. The protest shall: (1) include the name and address of the protestant; (2) include the solicitation number; (3) contain a statement of the grounds for protest; (4) include supporting exhibits, evidence or documents to substantiate any claim unless not available within the filing time in which case the expected availability date shall be indicated; and (5) specify the ruling requested from the state purchasing agent or central purchasing office. C. Pleadings. No formal pleading is required to initiate a protest, but protests should be concise, logically arranged, and direct. D. Time limit. Protests shall be submitted within 15 calendar days after knowledge of the facts or occurrences giving rise to the protest. Any person or business that has been sent written notice of any fact or occurrence is presumed to have knowledge of the fact or occurrence.
Statutory, regulatory, and procedural guidance for bid responsiveness
Bid Responsiveness:
Bid Responsiveness Definition
Citation:
NM ST § 13-1-85
Citation Language:
“Responsive offer” means an offer which conforms in all material respects to the requirements set forth in the request for proposals. Material respects of a request for a proposal include, but are not limited to, price, quality, quantity or delivery requirements.
Definition:
Yes
Statutory, regulatory, and procedural guidance for bidder responsibility
Responsible Bidder Definition:
Responsible Bidder Definition
Definition:
Yes
Citation:
NM ST § 13-1-82
Citation Language:
“Responsible bidder” means a bidder who submits a responsive bid and who has furnished, when required, information and data to prove that his financial resources, production or service facilities, personnel, service reputation and experience are adequate to make satisfactory delivery of the services, construction or items of tangible personal property described in the invitation for bids.
Name:
Commodity Code
Commodity Code:
NIGP
Name:
Competitive Thresholds
Formal/Competitive Sealed Bidding:
$60,000
Citation:
NM ST § 13-1-125
Citation Language:
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.
Small Purchases/Informal Purchasing:
$60,000
Citation 2:
NM ST § 13-1-125
Citation Language 2:
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.
Statutory, regulatory, and procedural guidance for contract claims before a specialized body
Contract Claims Procedure:
Contract Claims Procedure
Status:
Statutory Guidance
Citation:
NM ST § 13-4-43
Citation Language:
Once the using agency has determined the existence of a valid claim under the provisions of the Subcontractors Fair Practices Act, the using agency or agent of the using agency may: A. hold a public hearing for the purpose of providing an informal resolution of the dispute by preparing a “form of dispute” which shall be available to all parties. The form shall state concisely, in numbered paragraphs, the matter at issue or dispute which the complainant expects to be determined. The agent or the using agency shall evaluate the issues presented by both sides of the dispute and render a decision within ten days after the hearing, and provide the parties with a written copy of the decision by certified mail, return receipt requested; or B. refer the matter in dispute to be resolved through arbitration.
Comments:
Allowed in public works contracts.
Statutory, regulatory, and procedural guidance for contract claim appeals before a specialized body
Administrative Contract Claims Appeals:
Administrative Contract Claims Appeals
Status:
No Official Guidance
Comments:
Decision must be challenged in court.
eProcurement:
eProcurement
Platform:
eProcurement - Jaggaer; ERP - Peoplesoft by Oracle
System Type:
ERP, eProcurement
System Name:
eProNM
The rules concerning the size and composition of evaluation committees for formal solicitations
Eval Committees:
Evaluation Committees
Evaluation Team Requirements:
Committee includes end customer/user and technical support representatives. Contractor/outside SMEs can be used to advise, but cannot score proposals.
Citation:
CMAC 1.4.1.38 B
Public Link 1:
Citation Language:
Evaluation committee: The state agency management shall appoint an evaluation committee prior to the due date for receipt of proposals. The size of the committee should be manageable and include both user and technical support representatives. Contractor subject matter experts may be used to advise the committee but cannot evaluate proposals.
State entity with the statutory authority and oversight for the purchasing of goods and services
Goods and Services Procurement Entity:
Goods and Services Procurement
Entity:
Central Procurement Office
Citation:
NM ST § 13-1-97
Citation Language:
A. All procurement for state agencies shall be performed by the state purchasing agent except as otherwise provided in the Procurement Code. B. All procurement for state agencies excluded from the requirement of procurement through the office of the state purchasing agent shall be performed by a central purchasing office, the chief procurement officer or as otherwise provided in the Procurement Code. C. All procurement for local public bodies shall be performed by a central purchasing office designated by the governing authority of the local public body except as otherwise provided in the Procurement Code. Local public bodies shall identify their designated central purchasing office to the state purchasing agent and shall report their chief procurement officers to the state purchasing agent.
State authority to conduct multistep competitive sealed bidding
Authorization for Multi-Step Competitive Sealed Bidding:
Authorization for Multi-Step Competitive Sealed Bidding
Status:
Full Authorization
Citation:
NM ADC 1.4.1.27
Citation Language:
1.4.1.27 MULTI-STEP SEALED BIDS: A. General. Multi-step bidding is a variant of the competitive sealed bidding method. This method may be utilized when the state purchasing agent or a central purchasing office makes a determination that it is impractical initially to prepare specifications to support an award based on price, or that specifications are inadequate or are too general to permit full and free competition without technical evaluation and discussion. B. Phased process. Multi-step bidding is a phased process which combines elements of both the competitive sealed proposal method, seeking necessary information or unpriced technical offers in the initial phase; and regular competitive sealed bidding, inviting bidders who submitted technically acceptable offers in the initial phase, to submit competitive sealed price bids on the technical offers in the final phase. The contract shall be awarded to the lowest responsible bidder. If time is a factor, the state purchasing agent or a central purchasing office may require offerors to submit a separate sealed bid during the initial phase to be opened after the technical evaluation. C. Public notice. Whenever multi-step sealed bids are used, public notice for the first phase shall be given in accordance with 1.4.1.17 NMAC of this rule. Public notice is not required for the second phase.
Name:
Nonprofit Usage of Statewide Contracts
Authorization:
No
Organizational location for the dedicated procurement attorney assigned to assist with and review purchasing and contracts.
Procurement Counsel Location:
Embedded in Procurement Office
Official state procurement website for public
Public Link to Official State Procurement Website:
State Procurement Website
Statutory, regulatory, or procedural guidance for protest appeals before a specialized body
Administrative Protest Appeals:
Administrative Protest Appeals
Status:
No Statutory Guidance
Comments:
Decision must be challenged in court
The required time between the issuance of a formal solicitation and the scheduled opening of bids or proposals
Public Notice:
Public Notice
Formal Solicitation - Minimum Window for Proposals/Bids:
10 Days for IFBs; 20 days for RFPs
Citation:
NMSA Section 13-1-104; NMAC 1.4.1.32
Citation Language:
A. An invitation for bids or a notice thereof shall be published not less than ten calendar days prior to the date set forth for the opening of bids.; **A.** Procurements by the state purchasing agent: The state purchasing agent shall give public notice of the RFP in the same manner as provided in 1.4.1.17 NMAC of this rule. However, an RFP or a notice shall be published not less than 20 days prior to the date set for receipt of proposals unless a shorter time frame is requested and approval granted by the state purchasing agent.
Public Link 2:
State authority to conduct reverse auctions
Authorization for Reverse Auction:
Authorization for Reverse Auctions
Status:
No Authorization
Official state procurement manual available to public
Public Link to State Procurement Manuals:
State Procurement Manual
Notes:
available as "Best value procurement guides"
Public Link (2):
https://www.generalservices.state.nm.us/wp-content/uploads/2021/02/Best-Value-Procurement-Guide-Part-2-January-2016.pdf
Awarded contracts as provided by each state
Link to State-Wide Contracts:
State-wide contracts
State-Wide Contracts Link:
https://www.generalservices.state.nm.us/statepurchasing/Statewide_Price_Agreements.aspx
Information for suppliers as provided by each state
Link to Supplier Registration:
Supplier Registration
Supplier Registration Link:
https://www.generalservices.state.nm.us/statepurchasing/onlineprocurement.aspx
State entity with the statutory authority and oversight for the purchasing of technology
Technology Procurement Entity:
Technology Procurement Entity
Entity:
State Central Procurement Office
Citation:
NM ST § 13-1-97
Citation Language:
A. All procurement for state agencies shall be performed by the state purchasing agent except as otherwise provided in the Procurement Code. B. All procurement for state agencies excluded from the requirement of procurement through the office of the state purchasing agent shall be performed by a central purchasing office, the chief procurement officer or as otherwise provided in the Procurement Code. C. All procurement for local public bodies shall be performed by a central purchasing office designated by the governing authority of the local public body except as otherwise provided in the Procurement Code. Local public bodies shall identify their designated central purchasing office to the state purchasing agent and shall report their chief procurement officers to the state purchasing agent.
