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committees of the NM Legislature. The LFC does not assume responsibility for the accuracy of these reports

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Current FIRs (in HTML & Adobe PDF formats) are a vailable on the NM Legislative Website (legis.state.nm.us).

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attachments may be obtained from the LFC in Suite 101 of the State Capitol Building North.

F I S C A L I M P A C T R E P O R T

SPONSOR Saavedra

DATE TYPED 2/25/05

HB 998

SHORT TITLE Attorney General Approval of State Contracts

SB

ANALYST Medina

APPROPRIATION

Appropriation Contained Estimated Additional Impact Recurring

or Non-Rec

Fund

Affected

FY05

FY06

FY05

FY06

NFI

(Parenthesis ( ) Indicate Expenditure Decreases)

Relates to language the General Appropriation Act (Section 3, Subsection P)

Duplicates Section 5 of Senate Bill 207

SOURCES OF INFORMATION

LFC Files

Responses Received From

Attorney General (AGO)

Department of Finance and Administration (DFA)

General Services Department (GSD)

Department of Transportation (NMDOT)

Corrections Department (NMCD)

Public Education Department (PED)

SUMMARY

Synopsis of Bill

House Bill 998 amends the Procurement Code to require the Attorney General’s review and ap-

proval of contracts entered into by state agencies that are not exempt from the provisions of the

Procurement Code and have a total cost in excess of $200 thousand. The provisions of the bill do

not apply to contracts for emergency procurements pursuant to the provisions of Section 13-1-

127 NMSA 1978.

Significant Issues

The Attorney General has been involved in the review of agency professional services contracts

with a cost in excess of $200.0 pursuant to a rule enacted by DFA (Rule 2.40.2.10, See Attach-

House Bill 998 -- Page 2

ment). In December 2004, DFA repealed the Attorney General’s review authority. This bill

would amend the Procurement Code to restore the prior review obligations of the Attorney Gen-

eral. However, according to the Attorney General’s staff analysis, the bill expands the review

obligations beyond professional services contracts and appears to require the Attorney General’s

review of services contracts and construction contracts as well.

The Attorney General’s review of state agency contracts in excess of $200 thousand provides a

check on the review of contractual services agreements from an independent executive depart-

ment.

FISCAL IMPLICATIONS

According the Attorney General, given the complexity and quantity of the state agency contracts

in excess of $200.0, the review of such cases could lead to some delays in their implementation

in some cases.

ADMINISTRATIVE IMPLICATIONS

There could potentially be some minimal administrative costs to the Attorney General’s Office

given the possibility of attorney workload increases related this bill.

CONFLICT, DUPLICATION, COMPANIONSHIP, RELATIONSHIP

Section 3, Subsection P of the General Appropriation Act (House Appropriations and Finance

Committee Substitute for House Bills 2, 3, 4, 5, 6 and 48) reads:

“The appropriations contained in Section 4 of the General Appropriation Act of 2005 in the con-

tractual services category are contingent upon the Attorney General reviewing contracts over two

hundred thousand dollars ($200,000).”

TECHNICAL ISSUES

Section 13-1-127 NMSA 1978 defines the conditions of an emergency procurement. It defines an

emergency condition as “a situation which creates a threat to public health, welfare or safety

such as may arise by reason of floods, fires, epidemics, riots, acts of terrorism, equipment fail-

ures or similar events and includes the planning and preparing for an emergency response. The

existence of the emergency condition creates an immediate and serious need for services, con-

struction or items of tangible personal property that cannot be met through normal procurement

methods and the lack of which would seriously threaten:

(1) the functioning of government;

(2) the preservation or protection of property; or

(3) the health or safety of any person.”

Agency general counsel require a commission from the Attorney General granting them the abil-

ity to represent the state in litigation.

OTHER SUBSTANTIVE ISSUES

According to DFA, the Governor’s performance review recommended removing the Attorney

House Bill 998 -- Page 3

General’s Office from the contract approval process and focus on assisting agencies with con-

tract compliance issues. DFA further states rule change, removing the Attorney General from

contract review was raised in the discussion of whether the Attorney General could represent an

agency in a contract dispute hen the Attorney General was a signatory on the contract.

ALTERNATIVES

Pursuant to DFA rule 2.40.2, the Legislative and Judicial branches of government are excluded

from DFA contract review. However, the legislative and judicial branches are not excluded from

the provisions of the Procurement Code. DFA contends that there may be “separation of powers”

issues contained in this bill. In order to be consistent with existing rules and statutes exempting

the legislative and judicial branches of government, the bill could be revised to exempt these

branches of government from Attorney General contract review. Nevertheless, the bill as written

restores a necessary check on the executive branch of government’s contracts from an independ-

ent executive agency.

WHAT WILL BE THE CONSEQUENCES OF NOT ENACTING THIS BILL.

The Attorney General would not be required to review state agency contracts with a cost in ex-

cess of $200 thousand.

DXM/sb

Attachment

House Bill 998 -- Page 4

ATTACHMENT

2.40.2 NMAC 1

TITLE 2 PUBLIC FINANCE

CHAPTER 40 EXPENDITURE OF PUBLIC FUNDS

PART 2 GOVERNING THE APPROVAL OF CONTRACTS FOR THE PURCHASE OF

PROFESSIONAL SERVICES

2.40.2.1 ISSUING AGENCY: Department of Finance and Administration.

[5-15-97; 2.40.2.1 NMAC - Rn, 2 NMAC 40.2.1, 1-14-2005]

2.40.2.2 SCOPE:

A. The contracts review bureau of the department of finance and administration shall review and

approve all professional services contracts which result in expenditures equal to or greater than fifteen hundred

dollars ($1500), excluding gross receipts tax, and all amendments to those contracts for all state agencies except as

provided in Subsections B and C of Section 2.40.2.2 NMAC of this rule. Contracts expending public funds in

accordance with the Procurement Code, Sections 13-1-28 to 13-1-199 NMSA 1978 as amended are included within

the scope of this rule.

B. The following state agencies are currently exempt from submitting professional services contracts

and amendments through the contracts review bureau of the department of finance and administration:

(1) state agencies within the judicial branch of government as defined by the New Mexico

Constitution, Article VI;

(2) state agencies within the legislative branch of government as defined by the New Mexico

Constitution, Article IV;

(3) state educational institutions as defined by the New Mexico Constitution, Article XII, Section 11

and Chapter 21, Articles 13, 14, 16 and 17 NMSA 1978;

(4) the state fair pursuant to Section 16-6-8 NMSA 1978;

(5) the New Mexico public school insurance authority pursuant to Sections 22-29-6 (F) and 22-29-8

NMSA 1978 for contracts for procuring goods or services and paying for insurance or insurance-related services;

(6) the New Mexico mortgage finance authority pursuant to Section 58-18-20 NMSA 1978;

(7) the livestock board pursuant to Section 77-2-10 NMSA 1978; and

(8) other state agencies exempt by statute.

C. Pursuant to Section 6-5-9 NMSA 1978, the secretary of the department of finance and

administration may exempt a state agency’s contracts from contracts review bureau review and approval when the

secretary of the department of finance and administration determines that efficiency or economy so requires. A state

agency seeking an exemption must:

(1) apply in writing to the secretary of the department of finance and administration; and

(2) meet all of the following requirements:

(a) issue its own warrants;

(b) be exempt from prior submission of vouchers or purchase orders to the financial control

division of the department of finance and administration;

(c) receive the majority of its money from non-general fund sources;

(d) maintain pre -audit and post-audit fiscal accounting controls;

(e) maintain and operate its own administrative unit for procurement and controls its own

encumbrance of funds available for professional service contracts;

(f) provide administrative control and review of professional services contracts through its own

administrative unit; and

(g) employs in-house counsel to prepare, review, and approve professional services contracts

for form and legal sufficiency and to advise the state agency with respect to all applicable laws and regulations;

provided, however, that the attorney general shall also review and approve all contracts subject to Paragraph (1) of

Subsection C of 2.40.2.10 NMAC of this rule prior to approval and execution by the state agency.

[7-1-76, 8-15-77, 7-1-78, 7-1-84, 7-10-85, 7-1-87, 12-20-89, 5-15-97, 7-1-01; 2.40.2.2 NMAC - Rn & A, 2 NMAC

40.2.2, 1-14-2005]

2.40.2.3 STATUTORY AUTHORITY:

A. Sections 13-1-118 and 13-1-125 NMSA 1978 authorize the department of finance and

administration to review professional services contracts of state agencies as to form, legal sufficiency, and budgetary

requirements if required by its regulations.

2.40.2 NMAC 2

B. Section 6-5-3 NMSA 1978 provides that before any state agency enters into a contract expending

House Bill 998 -- Page 5

public funds, the financial control division of the department of finance and administration shall determine the

authority for such proposed expenditure. After the authority for the expenditure is determined, the appropriate fund

shall be shown by the financial control division to be encumbered to the extent of the proposed expenditure. The

financial control division may request, and the state agency shall provide, such documentation and other information

as the financial control division deems necessary to justify the state agency’s determination of authority. The

financial control division may disapprove the proposed expenditure if it determines that the justification is

inadequate or is not substantiated by law.

C. Section 6-5-6 NMSA 1978 requires the financial control division of the department of finance and

administration to determine that the proposed expenditure does not exceed the state agency’s appropriation, does not

exceed the periodic allotment made to the state agency or the unencumbered balance of funds at its disposal. The

state agency shall determine that a proposed expenditure is for a public benefit and purpose consistent with the

related appropriation and is necessary to carry out the statutory mission of the state agency prior to committing the

state to the transaction.

D. Sections 9-1-5(E) and 9-6-5(E) NMSA 1978 provide that after notice and hearing, the secretary of

the department of finance and administration may make and adopt such reasonable administrative and procedural

rules and regulations as necessary to carry out the duties of the department of finance and administration and its

divisions.

[7-1-76, 7-1-78, 7-1-84, 7-10-85, 7-1-87, 12-20-89, 5-15-97; 2.40.2.3 NMAC - Rn & A, 2 NMAC 40.2.3, 1-14-

2005]

2.40.2.4 DURATION: Permanent.

[5-15-97; 2.40.2.4 NMAC - Rn, 2 NMAC 40.2.4, 1-14-2005]

2.40.2.5 EFFECTIVE DATE: May 15, 1997 unless a later date is cited at the end of a section.

[7-1-76, 8-15-77, 7-1-78, 7-1-84, 7-10-85, 7-1-87, 12-20-89, 5-15-97, 6-15-98; 2.40.2.5 NMAC - Rn & A, 2 NMAC

40.2.5, 1-14-2005]

2.40.2.6 OBJECTIVE: The purpose of this rule is to establish the procedures state agencies must follow

and the requirements state agencies must meet in drafting, entering into, and seeking approval of professional

services contracts. These procedures ensure compliance with Sections 6-5-3, 6-5-6, 13-1-118 and 13-1-125 NMSA

1978 as amended.

[7-1-87, 5-15-97; 2.40.2.6 NMAC - Rn, 2 NMAC 40.2.6, 1-14-2005]

2.40.2.7 DEFINITIONS:

A. "Bureau" means the contracts review bureau of the administrative services division of the

department of finance and administration.

B. "Contract" means any agreement for the provision of professional services.

C. "Contract brief" means the bureau paper form or electronic version which shall accompany all

professional services contracts and amendments submitted to the bureau.

D. "Contractor" as defined in Section 13-1-43 NMSA 1978 means any business having a contract

with a state agency.

E. "Department or DFA" means the department of finance and administration.

F. "Form" means, at a minimum, that all contracts and amendments contain the provisions required

by the bureau, including but not limited to, a scope of work consistent with the request for proposals issued by the

state agency if the contract was procured by a request for proposals and performance measures as defined by and in

accordance with the Accountability in Government Act, Sections 6-3A-1 through 6-3A-9 NMSA 1978 and

subsequent amendments.

G. "Legal sufficiency" means, at a minimum, that all contracts and amendments contain the

provisions required by law and that all required signatures have been obtained.

H. "Procurement" as defined by Section 13-1-74 NMSA 1978 means purchasing, renting, leasing,

lease purchasing or otherwise acquiring items of personal property, services or construction and includes all

procurement functions, including but not limited to, preparation of specifications, solicitation of sources,

qualification or disqualification of sources, preparation and award of the contract, and contract administration.

I. "Procurement Code" means Sections 13-1-28 to 13-1-199 NMSA 1978, as amended.

2.40.2 NMAC 3

J. "Professional services" as defined by Section 13-1-76 NMSA 1978 means the services of

architects, archaeologists, engineers, surveyors, landscape architects, medical arts practitioners, scientists,

management and systems analysts, certified public accountants, registered public accountants, lawyers,

psychologists, planners, researchers, and persons or businesses providing similar services, except information

system resources professional services as defined by Paragraph (2) of Subsection B of GSD Rule 1.4.1.7 NMAC.

K. "Regulation" as defined by Section 13-1-80 NMSA 1978 means any rule, order, statement or

policy, as amended, issued by a state agency or a local public body that affects persons not members or employees

of the issuer.

House Bill 998 -- Page 6

L. "Retroactive approval to a contract or a contract amendment" means approval of a contract or

contract amendment that was submitted to the bureau and approved by the DFA secretary or his designee pursuant

to 2.40.2.13 NMAC of this rule after the contractor has begun work pursuant to a request to perform work from a

state agency employee or public officer with authority to make such a request.

M. "DFA secretary" means the secretary of the department of finance and administration.

N. "Sole source contract or amendment to sole source contract" means a contract or amendment

which fulfills the requirements of Sections 13-1-118 and 13-1-126 NMSA 1978, as amended.

O. "State agency" means any department, agency, commission, council, board, advisory board,

committee, or institution of the state of New Mexico, and does not include local public bodies.

[7-1-76, 8-15-77, 7-1-78, 7-1-84, 7-10-85, 7-1-87, 12-20-89, 5-15-97, 6-15-98; 2.40.2.7 NMAC - Rn & A, 2 NMAC

40.2.7, 1-14-2005]

2.40.2.8 DELEGATION OF APPROVAL AUTHORITY:

A. The bureau shall review all contracts and contract amendments for professional services with state

agencies as to form, and budgetary requirements.

B. The bureau shall consult with the department’s legal counsel as needed regarding any issues of

legal sufficiency of a state agency’s contracts and contract amendments for professional services.

C. The DFA secretary shall delegate, in writing to certain members of the bureau, the authority to

approve professional services contracts which result in expenditures equal to or greater than fifteen hundred dollars

($1500), excluding gross receipts tax, and all amend ments to those contracts except retroactive approval to contracts

and contract amendments and sole source contracts and amendments to sole source contracts as provided herein.

[7-1-78, 7-1-84, 7-10-85, 7-1-87, 12-20-89, 5-15-97, 6-15-98, 7-1-01; 2.40.2.8 NMAC - Rn & A, 2 NMAC 40.2.8,

1-14-2005]

2.40.2.9 FORM AND SUBMISSION:

A. All contracts and subsequent amendments shall be in a form and contain such provisions as

required by the bureau, including but not limited to, a scope of work consistent with the request for proposals issued

by the state agency if the contract was procured by a request for proposals and performance measures as defined by

and in accordance with the Accountability in Government Act, Sections 6-3A-1 through 6-3A-9 NMSA 1978 and

subsequent amendments.

B. All contracts and amendments shall:

(1) be accompanied by a contract brief being in such form and containing such information as may be

required by the bureau;

(2) be accompanied by a document prescribed by the financial control division of the department

showing that funds have been encumbered to the extent of the contract, including any amendments to that contract;

if the contract term includes more than one fiscal year, the contract must be accompanied by an encumbrance for the

current fiscal year amount or, up to the total amount of the current appropriation available for that contract;

(3) be accompanied by a written request for approval from the secretary of the contracting state

agency or his designee if the contract is subject to Paragraph (1) of Subsection C of 2.40.2.10 NMAC of this rule;

and

(4) comply with Procurement Code regulations, GSD Rule 1.4.1 NMAC and subsequent regulations

regarding indemnification and insurance.

[7-1-76, 7-1-78, 7-1-84, 7-10-85, 7-1-87, 12-20-89, 5-15-97, 6-15-98; 2.40.2.9 NMAC - Rn & A, 2 NMAC 40.2.9,

1-14-2005]

2.40.2.10 REVIEW PROCEDURES:

A. State agencies must submit to the bureau for review:

(1) sole source contracts;

2.40.2 NMAC 4

(2) amendments to sole source contracts;

(3) retroactive approval to contracts; and

(4) retroactive approval to contract amendments.

B. Bureau review:

(1) The bureau shall review all contracts or contract amendments for form, budgetary requirements

and compliance with the requirements prescribed on the contract brief.

(2) No contract or contract amendment shall become binding or effective until signed and dated by a

member of the bureau with contract approval authority.

C. Other review:

(1) Prior to the bureau’s review, the attorney general shall review all contracts which may violate

conflict of interest provisions of the Governmental Conduct Act, Sections 10-16-1 to 10-16-18 NMSA 1978.

(2) The bureau may submit any contract or amendment to the attorney general or other legal counsel

for review if the bureau is aware of legal issues concerning the contract or the amendment.

House Bill 998 -- Page 7

[7-1-76, 8-15-77, 7-1-78, 7-1-84, 7-10-85, 7-1-87, 12-20-89, 5-15-97; 2.40.2.10 NMAC - Rn & A, 2 NMAC

40.2.10, 1-14-2005]

2.40.2.11 SMALL PURCHASES: A contract for professional services having a value over $1500 but not

exceeding $20,000 excluding applicable gross receipts taxes, except for the services of architects, landscape

architects engineers, or surveyors for state public works projects, may be procured in accordance with the

Procurement Code, Sections 13-1-28 to 13-1-199 NMSA 1978 and Procurement Code Regulations, GSD Rule 1.4.1

NMAC or subsequent GSD regulations.

[7-10-85, 7-1-87, 5-15-97, 6-15-98, 7-1-01; 2.40.2.11 NMAC - Rn & A, 2 NMAC 40.2.11, 1-14-2005]

2.40.2.12 SOLE SOURCE CONTRACT OR AMENDMENT TO SOLE SOURCE CONTRACT

A. A contract may be awarded without competitive sealed proposals, regardless of the estimated cost,

when a central purchasing office of a contracting state agency makes a written determination, signed by the

secretary of the contracting state agency or his designee, which states that a good-faith review of available sources

has been conducted and that there is only one source for the required professional services. The written

determination and an estimate of the dollar amount of the contract shall be submitted to the bureau for review and

approval by the DFA secretary or his designee and shall include the following information:

(1) a detailed, sufficient explanation of the reasons, qualifications, proprietary rights, or unique

capabilities that make the prospective contractor a sole source;

(2) an explanation of the criteria developed and specified by the state agency as necessary to perform

the contract and upon which the state agency reviewed available sources;

(3) a description of the procedures used by the state agency in conducting a good faith review of

available sources, including without limitation, a narrative description of all steps taken by the state agency as

evidence of the good-faith review performance such as:

(a) researching trade publications and industry newsletters;

(b) reviewing telephone books or other advertisements;

(c) reviewing current contract;

(d) contacting similar service providers; and

(e) reviewing the state purchasing agents vendor list; and

(4) a list of all businesses contacted and an explanation of why those businesses could not perform

the contract, or, a reasonable explanation of why the state agency has determined that no businesses, besides the

prospective contractor, exist.

B. The bureau must obtain written approval of the agency's sole source determination from the DFA

secretary or his designee prior to approving a sole source contract or amendment to a sole source contract.

[7-10-85, 7-1-87, 12-20-89, 5-15-97; 2.40.2.12 NMAC - Rn, 2 NMAC 40.2.12, 1-14-2005]

2.40.2.13 RETROACTIVE APPROVAL FOR A CONTRACT OR CONTRACT AMENDMENT:

A. The Procurement Code, Section 13-1-102, NMSA 1978, as amended, requires that all non exempt

procurement (Section 13-1-98, NMSA 1978) by state agencies shall be achieved by competitive sealed bids or

competitive sealed proposals except for small purchases, sole source procurements, emergency procurements,

existing contracts and procurements from antipoverty program business. For professional services, the proposal and

procurement process are not complete until a written contract or contract amendment is signed by the agency and the

contractor and is approved by the DFA secretary or his designee and approved by the bureau.

2.40.2 NMAC 5

B. For retroactive approval of contracts and contract amendments which fulfill all of the requirements

of this rule and the Procurement Code, DFA will approve the date requested in writing by the agency on the brief

accompanying the document as long as the requested approval date is within thirty days of the first day of each

fiscal year.

C. For retroactive approval of contracts and contract amendments apart from the approval given

pursuant to the provisions 2.40.2.13 NMAC of this rule, DFA may grant additional retroactive approval to a contract

or contract amendment, based upon rare and exceptional circumstances, where all of the following conditions are

met:

(1) the professional services performed without DFA’s prior approval of the contract did not occur as

the result of repeated agency mistakes or willful misconduct;

(2) the failure to obtain DFA’s retroactive approval will prevent the state agency from fulfilling its

statutory obligations;

(3) the state agency provides to DFA a written, factual, detailed explanation of the matters described

in Paragraphs (1) and (2) of Subsection C of 2.40.2.13 NMAC, certified to be true by signature of the head of the

state agency;

(4) the state agency requested, through a public officer or employee with authority to make such a

request, the contractor to perform professional services that were then actually performed by the contractor in good

faith reliance that it would be paid for those professional services.

House Bill 998 -- Page 8

D. The Procurement Code, Section 13 -1-182, NMSA 1978, as amended, governs situations in which

DFA has denied a request for retroactive approval of a contract or contract amendment due to the state agency’s

failure to meet the requirements of Subsections B or C of 2.40.2.13 NMAC of this rule.

[7-10-85, 7-1-87, 12-20-89, 5-15-97, 6-15-98; 2.40.2.13 NMAC - Rn & A, 2 NMAC 40.2.13, 1-14-2005]

2.40.2.14 EMERGENCY PROCUREMENT: An emergency procurement of professional services may

be made under the conditions provided in the Procurement Code and 1.4.1 NMAC or subsequent GSD regulations.

Records of any emergency procurement of professional services, including the written determination of the basis for

the emergency procurement being relied on by the state agency as justification for the emergency procurement, shall

be maintained by the state agency for a minimum of three years and shall be made available by the state agency to

the financial control division upon request.

[7-10-85, 7-1-87, 5-15-97, 6-15-98; 2.40.2.14 NMAC - Rn, 2 NMAC 40.2.14, 1-14-2005]

2.40.2.15 COMPLIANCE: State agencies must comply with federal and state statutes, rules, regulations

and policies and shall have their state agency’s legal counsel review all contracts and contract amendments

certifying in writing that they are legally sufficient prior to submission to the bureau. Wrongful or mistaken approval

by the bureau shall not be a defense to an action brought by or against the state agency on a contract. ```

[7-1-84, 7-10-85, 7-1-87, 12-20-89, 5-15-97; 2.40.2.15 NMAC - Rn & A, 2 NMAC 40.2.15, 1-14-2005]

2.40.2.16 RECORDS:

A. Record inspection, record retention and record destruction relating to contracts shall be conducted

in accordance with the Inspection of Public Records Act, Sections 14-2-1 to 14-2-12 NMSA 1978; the Public

Records Act, Sections 14-3-1 to 14-3-23 NMSA 1978; and with Section 13-1-128 NMSA pertaining to sole source

and emergency procurement; and Section 13-1-116 NMSA 1978 of the Procurement Code.

B. The bureau will retain original contracts, any subsequent amendments, and contract briefs in

accordance with provisions of the Inspection of Public Records and Public Records Act.

[5-15-97; 2.40.2.16 NMAC - Rn & A, 2 NMAC 40.2.16, 1-14-2005]

2.40.2.17 RULE FILING: This rule shall be filed in accordance with the State Rules Act, Sections 14-3-

24, 14-3-25, and 14-4-1 to 14-4-11 NMSA 1978 and shall become effective upon publication in the New Mexico

Register.

[5-15-97; 2.40.2.17 NMAC - Rn, 2 NMAC 40.2.17, 1-14-2005]

HISTORY OF 2.40.2 NMAC:

Pre-NMAC History: The material in this Part was derived from that previously filed with the State Records Center

and Archives:

DFA 76-3, Technical and Professional Services and State Highway Department Contracts, June 25, 1976, filed 7-13-

76.

2.40.2 NMAC 6

DFA 77-6, Technical and Professional Service Contracts, August 15, 1977, filed 8-22-77.

DFA 78-2.1, Governing the Approval of Contracts for the Purchase of Professional Services, filed 6-30-78.

DFA Rule No. 84-3, Governing the Approval of Contracts for the Purchase of Professional Services, filed 6-28-84.

DFA Rule No. 85-1, Governing the Approval of Contracts for the Purchase of Professional Services, filed 7-10-85.

DFA 87-1, Governing the Approval of Contracts for the Purchase of Professional Services, filed 6-30-87.

History of Repealed Material: [RESERVED]