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Section 13-1-95 - Purchasing division; creation; director is state purchasing agent; appointment; duties.

NM Stat § 13-1-95 (2019) (N/A)
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A. The "purchasing division" is created within the general services department.

B. Subject to the authority of the secretary, the state purchasing agent shall be the administrator and director of the purchasing division. The state purchasing agent shall be appointed by the secretary with the approval of the governor.

C. The purchasing division and state purchasing agent shall be responsible for the procurement of services, construction and items of tangible personal property for all state agencies except as otherwise provided in the Procurement Code and shall administer the Procurement Code for those state agencies not excluded from the requirement of procurement through the state purchasing agent.

D. The state purchasing agent shall have the following additional authority and responsibility to:

(1) recommend procurement rules to the secretary;

(2) establish and maintain programs for the development and use of procurement specifications and for the inspection, testing and acceptance of services, construction and items of tangible personal property;

(3) cooperate with the state budget division of the department of finance and administration in the preparation of statistical data concerning the acquisition and usage of all services, construction and items of tangible personal property by state agencies;

(4) require state agencies to furnish reports concerning usage, needs and stocks on hand of items of tangible personal property and usage and needs for services or construction;

(5) prescribe, with consent of the secretary, forms to be used by state agencies to requisition and report the procurement of items of tangible personal property, services and construction;

(6) provide information to state agencies and local public bodies concerning the development of specifications, quality control methods and other procurement information;

(7) collect information concerning procurement matters, quality and quality control of commonly used services, construction and items of tangible personal property; and

(8) develop standardized classification codes for each expenditure by state agencies and local public bodies.

E. The state purchasing agent shall, upon the request of the central purchasing office of a local public body, procure a price agreement for the requested services, construction or items of tangible personal property. The state purchasing agent may procure a price agreement for services, construction or items of tangible personal property for a state agency or local public body that does not have a chief procurement officer.

History: Laws 1984, ch. 65, § 68; 2013, ch. 70, § 4; 2015, ch. 138, § 1.

The 2015 amendment, effective June 19, 2015, required the state purchasing agent to develop standardized classification codes for each expenditure by state agencies and local public bodies; in Paragraph (6) of Subsection D, after "information", deleted "and"; in Paragraph (7) of Subsection D, after "property;" added "and"; and added Paragraph (8) of Subsection D.

The 2013 amendment, effective July 1, 2013, authorized the state purchasing agent to procure price agreements for governmental entities that do not have a chief procurement officer; in Subsection B, in the first sentence, after "administrator", deleted "chief executive" and added "director"; in Paragraph (1) of Subsection D, after "procurement", deleted "regulations" and added "rules"; and in Subsection E, added the last sentence.

Am. Jur. 2d, A.L.R. and C.J.S. references. — 56 Am. Jur. 2d Municipal Corporations, Counties, and Other Political Subdivisions §§ 491 to 515; 68 Am. Jur. 2d Schools § 75 et seq.

20 C.J.S. Counties §§ 143 to 149; 63 C.J.S. Municipal Corporations §§ 874, 897; 78 C.J.S. Schools and School Districts §§ 328, 402; 81A C.J.S. States § 154 et seq.

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Section 13-1-95 - Purchasing division; creation; director is state purchasing agent; appointment; duties.