Current through Register Vol. 35, No. 18, September 24, 2024
A. The secretary
shall designate an organizational unit within the department as the central
purchasing office. The central purchasing office shall assist the various units
of the department in the procurement process but the award selection shall be
made by the unit of the department requesting sealed proposals, unless
otherwise directed by the secretary.
B. The department shall procure professional
services having a value exceeding twenty thousand dollars ($20,000) by
competitive sealed proposals.
C.
The central purchasing office, in consultation with the procuring department
unit, may determine that procurement should be effected by competitive sealed
proposals when the use of competitive sealed bidding is either not practicable
or advantageous to the department.
(1)
Competitive sealed bidding is not practicable unless the nature of the
procurement permits award to a low bidder which agrees by its bid to perform
without condition or reservation in accordance with the purchase description,
delivery or performance schedule, and all other terms and conditions of the
invitation for bids. Factors to be considered in determining whether
competitive sealed bidding is not practicable include:
(a) whether the contract needs to be other
than a fixed-price type;
(b)
whether oral or written discussions may need to be conducted with offerors
concerning technical and price aspects of their proposals;
(c) whether offerors may need to be afforded
the opportunity to revise their proposals, including price;
(d) whether award may need to be based upon a
comparative evaluation as stated in the request for proposals of differing
price, quality, and contractual factors in order to determine the most
advantageous offering to the department. Quality factors include technical and
performance capability and the content of the technical proposal; and
(e) whether the primary consideration in
determining award may not be price.
(2) A determination may be made to use
competitive sealed proposals if it is determined that it is not advantageous to
the department, even though practicable, to use competitive sealed bidding.
Factors to be considered in determining whether competitive sealed bidding is
not advantageous include:
(a) if prior
procurements indicate that competitive sealed proposals may result in a more
beneficial contract; and
(b)
whether the factors listed in Paragraph 8.3.1.2 through Paragraph 8.3.1.4 [now
Subparagraphs (b) through (d) of Paragraph (1) of Subsection C of 7.1.5.8 NMAC]
of this regulation are desirable as opposed to being necessary in conducting a
procurement; if they are, then such factors may be used to support a
determination that competitive sealed bidding is not advantageous.
