A. Except as provided in Subsection G of Section 13-1-119.1 NMSA 1978, when a state agency or a local public body is procuring professional services or a design and build project delivery system, or when the state purchasing agent, a central purchasing office or a designee of either officer [office] makes a written determination that the use of competitive sealed bidding for items of tangible personal property or services is either not practicable or not advantageous to the state agency or a local public body, a procurement shall be effected by competitive sealed proposals.

B. Competitive sealed proposals may also be used for contracts for construction and facility maintenance, service and repairs.

C. Competitive sealed proposals may also be used for construction manager at risk contracts if a three-step selection procedure is used pursuant to the Educational Facility Construction Manager At Risk Act [13-1-124.1 to 13-1-124.5 NMSA 1978].

D. Competitive qualifications-based proposals shall be used for procurement of professional services of architects, engineers, landscape architects, construction managers and surveyors who submit proposals pursuant to Sections 13-1-120 through 13-1-124 NMSA 1978.

E. Competitive sealed proposals shall also be used for contracts for the design and installation of measures the primary purpose of which is to conserve natural resources, including guaranteed utility savings contracts entered into pursuant to the Public Facility Energy Efficiency and Water Conservation Act [Chapter 6, Article 23 NMSA 1978].

History: Laws 1984, ch. 65, § 84; 1989, ch. 69, § 7; 1997, ch. 171, § 4; 1999, ch. 220, § 1; 2003, ch. 267, § 2; 2005, ch. 178, § 2; 2007, ch. 141, § 2.

Bracketed material. — The bracketed word "office" was inserted by the compiler to correct an apparent error and is not part of the law.

The 2007 amendment, effective April 2, 2007, added Subsection C.

The 2005 amendment, effective June 17, 2005, added Subsection D to provide that competitive sealed proposals shall be used for contracts for the design and installation of natural resource conservation measures, including guaranteed utility savings contracts pursuant to the Public Facility Energy and Water Conservation Act.

The 2003 amendment, effective June 20, 2003 inserted the subsection designation A and added present Subsection B; inserted "Competitive, sealed proposals may also be used for contracts for construction and facility maintenance, service and repairs" following "competitive sealed proposals" near the middle of present Subsection A.

The 1999 amendment, effective June 18, 1999, added the exception at the beginning of the section.

The 1997 amendment, effective June 20, 1997, in the first sentence, inserted "or a design and build project delivery system", "written", and "for items of tangible personal property or services" and, in the second sentence, inserted "construction managers".

Outpatient clinics. — County was authorized to enter into a contract with a private, for-profit group to provide a daytime, outpatient clinic in the county, but the county could not sign the proposed contract until it chose a clinic pursuant to this article. 1987 Op. Att'y Gen. No. 87-74.

Public defenders. — The public defender's office may not award state representative professional service contracts unless solicitation for competitive bids is done, in accordance with this article. 1987 Op. Att'y Gen. No. 87-67.