N.M. Code R. § 7.1.5.8

Current through Register Vol. 35, No. 11, June 11, 2024

Section 7.1.5.8 - APPLICABILITY

A. The secretary shall designate an organizational unit within the department as the central purchasing office. The central purchasing office shall assist the various units of the department in the procurement process but the award selection shall be made by the unit of the department requesting sealed proposals, unless otherwise directed by the secretary.

B. The department shall procure professional services having a value exceeding twenty thousand dollars ($20,000) by competitive sealed proposals.

C. The central purchasing office, in consultation with the procuring department unit, may determine that procurement should be effected by competitive sealed proposals when the use of competitive sealed bidding is either not practicable or advantageous to the department.

(1) Competitive sealed bidding is not practicable unless the nature of the procurement permits award to a low bidder which agrees by its bid to perform without condition or reservation in accordance with the purchase description, delivery or performance schedule, and all other terms and conditions of the invitation for bids. Factors to be considered in determining whether competitive sealed bidding is not practicable include:

(a) whether the contract needs to be other than a fixed-price type;

(b) whether oral or written discussions may need to be conducted with offerors concerning technical and price aspects of their proposals;

(c) whether offerors may need to be afforded the opportunity to revise their proposals, including price;

(d) whether award may need to be based upon a comparative evaluation as stated in the request for proposals of differing price, quality, and contractual factors in order to determine the most advantageous offering to the department. Quality factors include technical and performance capability and the content of the technical proposal; and

(e) whether the primary consideration in determining award may not be price.

(2) A determination may be made to use competitive sealed proposals if it is determined that it is not advantageous to the department, even though practicable, to use competitive sealed bidding. Factors to be considered in determining whether competitive sealed bidding is not advantageous include:

(a) if prior procurements indicate that competitive sealed proposals may result in a more beneficial contract; and

(b) whether the factors listed in Paragraph 8.3.1.2 through Paragraph 8.3.1.4 [now Subparagraphs (b) through (d) of Paragraph (1) of Subsection C of 7.1.5.8 NMAC] of this regulation are desirable as opposed to being necessary in conducting a procurement; if they are, then such factors may be used to support a determination that competitive sealed bidding is not advantageous.

N.M. Code R. § 7.1.5.8

8/12/85, 7/7/87, 1/1/97; Recompiled 10/31/01