New Mexico Administrative Code
Title 1 - GENERAL GOVERNMENT ADMINISTRATION
Chapter 4 - STATE PROCUREMENT
Part 10 - GOVERNING THE APPROVAL OF CONTRACTS FOR THE PURCHASE OF PROFESSIONAL SERVICES
Section 1.4.10.13 - RETROACTIVE APPROVAL FOR A CONTRACT OR CONTRACT AMENDMENT

Universal Citation: 1 NM Admin Code 1.4.10.13

Current through Register Vol. 35, No. 18, September 24, 2024

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 any other signatory required by the bureau, and is approved by the bureau through the GSD secretary or designee.

B. For retroactive approval of contracts and contract amendments which fulfill all of the requirements of this rule and the Procurement Code, GSD 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 1.4.10.13 NMAC of this rule, GSD 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 GSD's prior approval of the contract did not occur as the result of repeated agency mistakes or willful misconduct;

(2) the failure to obtain GSD's retroactive approval will prevent the state agency from fulfilling its statutory obligations;

(3) the state agency provides to GSD a written, factual, detailed explanation of the matters described in Paragraphs (1) and (2) of Subsection C of 1.4.10.13 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.

D. The Procurement Code, Section 13-1-182 NMSA 1978, as amended, and the department of finance and administration's model of accounting practices ("MAPs") govern situations in which GSD 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 1.4.10.13 NMAC of this rule.

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