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AN ACT

RELATING TO THE PROCUREMENT OF PUBLIC PROPERTY; AMENDING THE

PROCUREMENT CODE TO PROVIDE THAT, UNDER CERTAIN CIRCUMSTANCES,

BIDS AND PROPOSALS MAY BE SUBMITTED ELECTRONICALLY; DECLARING

AN EMERGENCY.

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

Section 1. Section 13-1-28 NMSA 1978 (being Laws 1984,

Chapter 65, Section 1) is amended to read:

"13-1-28. SHORT TITLE.--Sections 13-1-28 through

13-1-199 NMSA 1978 may be cited as the "Procurement Code"."

Section 2. Section 13-1-95.1 NMSA 1978 (being Laws

2001, Chapter 292, Section 7) is amended to read:

"13-1-95.1. ELECTRONIC TRANSMISSIONS.--

A. The state purchasing agent shall develop

guidelines for central purchasing offices to use electronic

media, including distribution of solicitations and acceptance

of sealed bids and competitive sealed proposals that include

electronic signatures. The guidelines shall include:

(1) appropriate security to prevent

unauthorized access to electronically submitted bids or

proposals prior to the date and time set for opening of bids

or the deadline set for receipt for proposals, including the

electronic bidding, approval and award process; and

(2) accurate retrieval or conversion of

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electronic forms of information into a medium that permits

inspection and copying.

B. A central purchasing office, in an invitation

for bids or a request for proposals, may require all or any

part of a sealed bid or a competitive sealed proposal to be

submitted electronically if the office determines that an

electronic submission will be advantageous to the procurement

process. If electronic submission is required:

(1) no hard copy documentation shall be

submitted to the central purchasing office prior to the award

of the contract, except as specifically identified in the

invitation for bids or the request for proposals;

(2) the invitation for bids or request for

proposals shall specify an opening date and time, a fixed

closing date and time and an email account or other secure

electronic location to which the electronic bid or proposal

shall be submitted;

(3) sealed bids submitted electronically

shall be opened publicly in the presence of one or more

witnesses at the time and place designated in the invitation

for bids. The amount of each bid and each bid item, if

appropriate, and such other relevant information as may be

specified by the state purchasing agent or a central

purchasing office, together with the name of each bidder,

shall be recorded, and the record and each bid shall be open

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to public inspection; and

(4) for sealed proposals, the proposals

shall be opened, evaluated and the contract awarded as

required in the request for proposals and as otherwise

provided in the Procurement Code."

Section 3. Section 13-1-103 NMSA 1978 (being Laws 1984,

Chapter 65, Section 76) is amended to read:

"13-1-103. INVITATION FOR BIDS.--

A. An invitation for bids shall be issued and

shall include the specifications for the services,

construction or items of tangible personal property to be

procured, all contractual terms and conditions applicable to

the procurement, the location where bids are to be received

and the date, time and place of the bid opening.

B. If the procurement is to be by sealed bid

without electronic submission, the invitation for bids shall

include the location where bids are to be received and the

date, time and place of the bid opening.

C. If the procurement is to be by sealed bid with

part or all of the bid to be submitted electronically, the

invitation for bids shall comply with the requirements of

Section 13-1-95.1 NMSA 1978."

Section 4. Section 13-1-112 NMSA 1978 (being Laws 1984,

Chapter 65, Section 85, as amended) is amended to read:

"13-1-112. COMPETITIVE SEALED PROPOSALS--REQUEST FOR

PROPOSALS.--

A. Competitive sealed proposals, including

competitive qualifications-based proposals, shall be solicited

through a request for proposals that shall be issued and shall

include the specifications for the services or items of

tangible personal property to be procured, all contractual

terms and conditions applicable to the procurement, the

location where proposals are to be received and the date, time

and place where proposals are to be received and reviewed. A

request for proposals may, pursuant to Section 13-1-95.1 NMSA

1978, require that all or a portion of a responsive proposal

be submitted electronically.

B. In the case of requests for competitive

qualifications-based proposals, price shall be determined by

formal negotiations related to scope of work."

Section 5. EMERGENCY.--It is necessary for the public

peace, health and safety that this act take effect

immediately. HB 532

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