New Mexico

Key Agency(ies): The central authority for state procurement in New Mexico is the General Services Department (GSD). Within GSD, the State Purchasing Division, led by the State Purchasing Agent, oversees most executive agency procurements. The State Purchasing Agent is also responsible for administering the New Mexico Procurement Code and issues procurement rules.

Agencies also have designated “central purchasing offices” led by an agency Chief Procurement Officer for agency-specific procurements.

• Link

Key Statute: New Mexico’s Procurement Code is codified in the New Mexico Statutes Annotated (N.M. Stat. Ann.) §§ 13-1-28 through 13-1-199. The Code establishes uniform rules for Executive branch purchasing.

• Link

Key Regulations: New Mexico’s Procurement Code is supplemented by the Code of New Mexico Rules (N.M. Code R.). The primary rules concerning state procurement are N.M. Code R. § 1.4.1 – Procurement Code Regulations, and § 1.4.8 – Use of Competitive Sealed Proposals.

• Link

Procurement Types/Highlights:

Competitive Sealed Bidding: Sealed bidding is governed by N.M. Stat. Ann. §§ 13-1-102 through 110. This method is used when award can be made strictly based on price to the lowest responsive and responsible bidder. Bid are solicited through public notice and must be submitted in writing. If only one bid is received the agency may cancel the solicitation or proceed with award if the bid is determined to be reasonable.

Competitive Sealed Proposals: Sealed proposals are governed through N.M. Stat. Ann. §§ 13-1-111 through 117. RFPs must include evaluation criteria and evaluation weights. Proposals are reviewed by an evaluation committee, which scores them based on published criteria in the solicitation. The RFP process allows for discussions, clarifications, and best and final offers. Award is made to the proposal most advantageous to the state.

Small Purchases: New Mexico provides for streamlined purchasing procedures for purchases under certain thresholds. Under N.M. Stat. Ann. § 13-1-125, most purchases under $60,000 qualify for simplified procurement methods. For small purchases, agencies may use price quotes instead of formal solicitations.

Bid Protests:

Regs Governing Bid Protests:

• Bid protests in New Mexico are governed by N.M. Stat. Ann. § 13-1-172, which provides vendors with the right to challenge solicitations or agency award decisions.

Timeliness Rules:

• Protests must be submitted to the agency Chief Procurement Officer within 15 calendar days after they have reason to know of the basis of their protest.

Protest Process:

• Once filed, the protest is reviewed by the agency CPO responsible for the procurement. The CPO may resolve the protest informally or initiate a formal investigation.
• If resolved informally, the CPO must provide a written determination explaining the decision.
• While a protest is pending, the contract award may be stayed unless the agency determines that proceeding with the award is necessary to protect substantial state interests, per N.M. Stat. Ann. § 13-1-173.
• The CPO’s decision is the final administrative decision.

Claims: The New Mexico Procurement Code does not establish a specific administrative process for contract claims.

Suspension & Debarment: New Mexico’s suspension and debarment procedures are established in N.M. Stat. Ann. §§ 13-1-177 through 180. Those statutes authorize the State Purchasing Agent or a central purchasing office to suspend or debar a contractor if the contractor has engaged in fraudulent, criminal, or unethical conduct. Suspension may last up to three months and debarment may last up to three years after a finding of cause.

Before a debarment can be imposed, the vendor must be given written notice of the proposed action and the reasons supporting it. The vendor has the right to respond and to request a hearing, in accordance with the New Mexico Administrative Procedures Act. Following a hearing, the debarring officer must issue a final decision in writing. Grounds for debarment include conviction of a procurement related crime, violation of contract provisions, or conduct indicating a lack of business integrity.

Debarred vendors may request reinstatement after the end of their exclusion period or earlier if they can demonstrate changed circumstances.

Interesting/Distinctions: Under N.M. Stat. Ann. § 13-1-191, prospective contractors must disclose certain campaign contributions (when their aggregated contributions exceed $250 dollars) made during the previous two years prior to submitting a proposal for a state contract. In addition, contractors are prohibited from making campaign contributions or any “thing of value” to covered public officials during the pendency of the procurement process.