New Mexico Administrative Code
Title 1 - GENERAL GOVERNMENT ADMINISTRATION
Chapter 4 - STATE PROCUREMENT
Part 1 - PROCUREMENT CODE REGULATIONS
Section 1.4.1.7 - DEFINITIONS
Universal Citation: 1 NM Admin Code 1.4.1.7
Current through Register Vol. 35, No. 18, September 24, 2024
A. Most of the terms which appear in this rule are defined in the Procurement Code.
B. In these rules and regulations the following definitions apply.
(1)
"Anti-poverty program businesses" means small businesses,
cooperatives, community self-determination corporations or other such
enterprises designed and operated to alleviate poverty conditions and aided by
state or federal antipoverty programs or through private
philanthropy.
(2)
"Best
obtainable price" means that price at which services or goods can be
purchased which is most advantageous to the purchasing entity; best obtainable
price can be found by obtaining quotes or other appropriate methods; where
there is only one vendor available for such a purchase utilizing a direct
purchase order in accordance with statute (such as an entity requiring dues,
for example), the price would be the best obtainable price since it is the only
possible price for that particular procurement.
(3)
"Bidding time" means the
period of time between the date the invitation to bid notice is published and
the date and time set for receipt of bids.
(4)
"Bidder" means one who
submits a bid in response to an invitation for bid.
(5)
"Competitive process" means
an invitation for bid or request for proposals. Three quotes does not
constitute a competitive process as the vendors from whom the quotes are
received are singled out and specifically chosen. Increasing the number of
quotes does not invalidate this lack of fairness, transparency, and
competitiveness.
(6)
"Competitive sealed bid" means the response from a bidder to an
invitation to bid (ITB).
(7)
"Competitive sealed proposal" means the response from an offeror
to a request for proposals (RFP).
(8)
"Contract" means any
written, binding agreement for the procurement of items of tangible personal
property, services or construction. A purchase order alone can be a binding
contract.
(9)
"Invitation for
bid (IFB)" means all documents, including those attached or incorporated
by reference, used for soliciting competitive sealed bids. Also sometimes
referred to as an invitation to bid (ITB).
(10)
"Offeror" means one who
submits a proposal in response to a request for proposals.
(11)
"Sealed" means, in terms of
a non-electronic submission, that the bid or proposal is enclosed in a package
which is completely fastened in such a way that nothing can be added or
removed. Open packages submitted will not be accepted except for packages that
may have been damaged by the delivery service itself. The state reserves the
right, however, to accept or reject packages where there may have been damage
done by the delivery service itself. Whether a package has been damaged by the
delivery service or left unfastened and should or should not be accepted is a
determination to be made by the procurement manager of any particular
procurement. In terms of electronic submission, the entire required information
and accompanying documents for the bid or proposal must be submitted via the
electronic system being used by the state and by the deadline specified in the
procurement. The deadline is that minute as stated in the procurement. That is,
if a submission is due by 3:00 p.m., on a particular day, that deadline means
3:00:00 p.m., and does not mean 3:00:59 p.m.
Disclaimer: These regulations may not be the most recent version. New Mexico may have more current or accurate information. We make no warranties or guarantees about the accuracy, completeness, or adequacy of the information contained on this site or the information linked to on the state site. Please check official sources.
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