2024 New Mexico Statutes
Chapter 13 - Public Purchases and Property
Article 1 - Procurement
Section 13-1-153 - Multiple source award; limitations on use.
A multiple source award may be made pursuant to Section 13-1-110 NMSA 1978 or Section 1 of this 2007 act when awards to two or more bidders or offerors are necessary for adequate delivery or service. Multiple source awards shall not be made when a single award will meet the needs of the state agency or a local public body without sacrifice of economy or service. Awards shall be limited to the least number of suppliers in one geographical area necessary to meet the requirements of the state agency or a local public body. A multiple source award shall be based upon the lowest responsible bid or proposal received in each geographical area unless the award is made in response to a qualifications-based proposal.
History: Laws 1984, ch. 65, § 126; 2007, ch. 312, § 5.
ANNOTATIONSThe 2007 amendment, effective July 1, 2007, changed the statutory reference and provided that a multiple source award shall be based on the lowest bid or proposal unless the award is made in response to a qualifications-based proposal.
The Procurement Code allows the Attorney General's Office to make multiple source awards for legal representation of the state. — The Procurement Code allows multiple source awards as long as the chief procurement officer of the state agency documents the reasons for a multiple source award and includes findings of fact to support the decision, and therefore the New Mexico Attorney General's Office may award multiple contracts to two or more private law firms to pursue the state's affirmative litigation, so long as its chief procurement officer decides that awards to two or more offerors are necessary and that a single award to a single private law firm will not meet the needs of the agency without sacrifice of economy or service. 2024 Op. Ethics Comm'n No. 2024-01.
