45th legislature - STATE OF NEW MEXICO - second session, 2002

RELATING TO PROCUREMENT; PROHIBITING PUBLIC SCHOOL DISTRICTS FROM PARTICIPATING IN A COOPERATIVE PROCUREMENT AGREEMENT THAT AUTHORIZES A JOINT AGENT TO ENGAGE IN OR PROCURE CONSTRUCTION FOR THE PUBLIC SCHOOL DISTRICTS.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF NEW MEXICO:

Section 1. Section 13-1-135 NMSA 1978 (being Laws 1984, Chapter 65, Section 108, as amended) is amended to read:

"13-1-135. COOPERATIVE PROCUREMENT AUTHORIZED.--

A. [Any] A state agency or local public body may either participate in, sponsor or administer a cooperative procurement agreement for the procurement of any services, construction or items of tangible personal property with any other state agency, local public body or external procurement unit in accordance with an agreement entered into and approved by the governing authority of each of the state agencies, local public bodies or external procurement units involved. The cooperative procurement agreement shall clearly specify the purpose of the agreement and the method by which the purpose will be accomplished. Any power exercised [under] in accordance with a cooperative procurement agreement entered into pursuant to this subsection shall be limited to the central purchasing authority common to the contracting parties, even though one or more of the contracting parties may be located outside this state. An approved and signed copy of all cooperative procurement agreements entered into pursuant to this subsection shall be filed with the state purchasing agent. A cooperative procurement agreement entered into pursuant to this subsection is limited to the procurement of items of tangible personal property, services or construction.

B. Notwithstanding the provisions of Subsection A of this section, a cooperative procurement agreement providing for mutually held funds or for other terms and conditions involving public funds or property included in Section 11-1-4 NMSA 1978 shall be entered into pursuant to the provisions of the Joint Powers Agreements Act.

C. Notwithstanding the provisions of Subsection A of this section, public school districts shall not participate in, sponsor or administer a cooperative procurement agreement that authorizes a joint procurement agent to engage in or procure construction for the public school districts.

[C.] D. Central purchasing offices other than the state purchasing agent may cooperate by agreement with the state purchasing agent in obtaining contracts or price agreements, and such contract or agreed prices shall apply to purchase orders subsequently issued under the agreement."