2019 New Mexico Statutes
Chapter 3 - Municipalities
Article 33 - Improvement Districts
Section 3-33-19 - Notice of bid; acceptance of bid.

A. After the governing body creates an improvement district, the governing body may proceed as authorized in Section 3-33-17 or 3-33-18 NMSA 1978, or call for sealed bids on the proposed improvement. The notice of the call for bids shall be made in accordance with the provisions of Section 13-1-11 NMSA 1978 [repealed].

B. After advertising for bids, the municipality may make minor alterations or changes in the plans and specifications to correct errors or omissions in the original plans and specifications.

C. The governing body shall award the contract to the lowest responsible bidder unless the governing body:

(1) elects to construct the improvement as authorized in Section 3-33-17 or 3-33-18 NMSA 1978; or

(2) rejects all bids submitted for the construction of the improvement. Such bids shall be rejected in the following manner:

(a) if less than three bids are received, the purchase may be made without bids at the best documented obtainable price; or

(b) if three or more bids are received, the municipality may reject any or all bids but shall readvertise and accept new bids; and

(c) if no new bids are received or if all new bids are rejected, the rejection shall be accompanied by a written statement of the governing body declaring the reasons for such rejection and the municipality may then purchase the required items on the open market at the best documented price.

History: 1953 Comp., § 14-32-12, enacted by Laws 1965, ch. 300; 1977, ch. 325, § 5.

Bracketed material. — The bracketed material was inserted by the compiler and is not a part of the law. Laws 1984, ch. 65, § 175 repealed 13-1-11 NMSA 1978, effective November 1, 1984. For present provisions relating to notice of invitation for sealed bids, see 13-1-104 NMSA 1978.

Am. Jur. 2d, A.L.R. and C.J.S. references. — Extension of time for completion of improvement, municipality's right to exact of contractor additional consideration as condition of, 71 A.L.R. 904.

Construction of paving contractor's contract in respect of contractor's obligation as to repairs, 72 A.L.R. 644.

Invalid or unenforceable contract, right of contractor to return in specie of consideration received by political subdivision, or to declaration of trust in respect of, or right to assert claim upon, property into which consideration has been converted, 93 A.L.R. 441.

Mandatory or permissive character of legislation in relation to payment for services rendered to public by contractor, 103 A.L.R. 818.

Public contracts: authority of state or its subdivision to reject all bids, 52 A.L.R.4th 186.

Low bidder's monetary relief against state or local agency for nonaward of contract, 65 A.L.R.4th 93.

Authority of state, municipality, or other governmental entity to accept late bids for public works contracts, 49 A.L.R.5th 747.