New Mexico Administrative Code
Title 1 - GENERAL GOVERNMENT ADMINISTRATION
Chapter 4 - STATE PROCUREMENT
Part 2 - RESIDENT BUSINESS AND MANUFACTURER PREFERENCES
Section 1.4.2.11 - PROTESTS
Current through Register Vol. 35, No. 18, September 24, 2024
A. Right to protest. A bidder who is aggrieved in the award of a contract to another bidder, who is relying on a resident business or manufacturer preference, may protest to the central purchasing office responsible for the procurement in accordance with Section 13-1-172 NMSA 1978.
B. Resident businesses. If a protest presents the issue of whether the holder of a certification number is actually a resident business, the central purchasing office responsible for the procurement shall refer the issue to the state purchasing agent for resolution in accordance with 1 NMAC 5.2 [now 1.4.1 NMAC] or succeeding regulations. If a protest governed by Subsection 11.2 [now this subsection - Subsection B of 1.4.2.11 NMAC]] presents additional issues, the central purchasing office responsible for the procurement shall remain responsible for resolution of the additional issues.
C. Resident manufacturers. If a protest presents the issue of whether a person is entitled to a resident manufacturer preference on a particular bid, the central purchasing office responsible for the procurement shall resolve the protest.
