Excluded from the requirement of procurement through the state purchasing agent but not from the requirements of the Procurement Code are the following:

A. procurement of professional services;

B. small purchases having a value not exceeding one thousand five hundred dollars ($1,500);

C. emergency procurement;

D. procurement of highway construction or reconstruction by the department of transportation;

E. procurement by the judicial branch of state government;

F. procurement by the legislative branch of state government;

G. procurement by the boards of regents of state educational institutions named in Article 12, Section 11 of the constitution of New Mexico;

H. procurement by the state fair commission of tangible personal property, services and construction under twenty thousand dollars ($20,000);

I. purchases from the instructional material fund;

J. procurement by all local public bodies;

K. procurement by regional education cooperatives;

L. procurement by charter schools;

M. procurement by each state health care institution that provides direct patient care and that is, or a part of which is, medicaid certified and participating in the New Mexico medicaid program; and

N. procurement by the public school facilities authority.

History: Laws 1984, ch. 65, § 72; 1987, ch. 189, § 1; 1988, ch. 84, § 2; 1994, ch. 143, § 3; 1995, ch. 130, § 1; 1996, ch. 25, § 2; 1999, ch. 281, § 16; 2001, ch. 292, § 4; 2004, ch. 62, § 2; 2006, ch. 95, § 11; 2007, ch. 93, § 1.

The 2007 amendment, effective June 15, 2007, excluded procurement by the state fair commission under $20,000.

The 2006 amendment, effective March 6, 2006, added Subsection N to exclude procurement by a public school facilities authority.

The 2004 amendment, effective July 1, 2004, amended Subsection D to change the name of the department and increase the state fair commission exclusion from central purchasing from $5,000 to $10,000 in Subsection H.

The 2001 amendment, effective July 1, 2001, substituted "one thousand five hundred dollars" for "two hundred fifty dollars" in Subsection B.

The 1999 amendment, effective June 18, 1999, deleted former Subsection H, which read "procurement of information processing resources procured through the commission on information and communication management", redesignated former Subsections I to L as Subsections H to K, and added Subsection L.

The 1996 amendment, effective July 1, 1996, deleted former Subsection J relating to procurement by the intertribal Indian ceremonial association, and redesignated Subsections K through N as Subsections J through M.

The 1995 amendment, effective June 16, 1995, added Subsection M, redesignated former Subsection M as Subsection N, and made a minor stylistic change in Subsection L.

The 1994 amendment, effective July 1, 1994, substituted "commission on information and communication management" for "information systems council" in Subsection H and added the language following "commission" in Subsection I.

When exceptions allowed. — Only when centralized control would be harmful or unproductive of savings were exceptions allowed by the former Public Purchases Act. 1969 Op. Att'y Gen. No. 69-87.

Factual questions to be determined. — The question of the serving of public interest and the impracticability of obtaining bids is a factual question to be determined by the board of county commissioners and the state board of finance. The determinations of these boards are final unless such determination is arbitrary or capricious. 1956 Op. Att'y Gen. No. 56-6431.