New Mexico Register / Volume XXXIII, Issue 9 / May 3, 2022
NOTICE OF RULE
HEARING
The State Purchasing Division of the General Services
Department (“GSD/SPD” or “SPD”) hereby gives notice that SPD will conduct a
public hearing to obtain public input on the following rulemaking actions:
Repeal and Replacement of Rule 1.4.1 NMAC and change
in numbering of Rule 2.40.2 NMAC to 1.4.10 NMAC.
The hearing is scheduled to occur on Thursday, June 2,
2022, at 9:30 a.m. at the Joseph Montoya Building Bid Room, 1100 St. Francis
Drive, Santa Fe, New Mexico 87505.
Authority: Section 14-11-7 NMSA 1978 as amended.
Purpose: The
purpose of the Repeal and Replacement is to update 1.4.1 NMAC to comport with
recent statutory changes as well as to update certain parts that have become
meaningless with new technology (“telegraphing” etc.). The purpose of the change to 2.40.2 to 1.4.10
NMAC is in order to place that rule in the numbering context of other GSD rules
since the Contracts Review Bureau was moved from the Department of Finance and
Administration to GSD/SPD in recent statute.
Proposed Repeal and Replacement changes:
This is a Repeal and Replacement of Section 1.4.1 NMAC
effective June 21, 2022, as follows:
1.4.1 PURPOSE: This Repeal and
Replacement of 1.4.1 NMAC makes the following changes:
1) Various typographical and formulaic
changes in keeping with the proscribed State Records and Archives format as
well as cleanup of repetitive or misused language (“offeror” for “bidder” and
vice versa, etc.);
2) The removal of certain definitions
which are already contained in statute and the inclusion of new definitions for
“Competitive process” and “Sealed” as well as a clarification for the
definition of “Bidder”;
3) 1.4.1.11 was clarified to better
comport with statute and case law;
4) Subsection D of 1.4.1.16 was
clarified to encompass electronic bid filings and the fact that SPD has moved
to more electronic based processes (several similar changes were also made to
reflect this change);
5) Subsection B of 1.4.1.17 was
clarified to encompass electronic notifications of bids (several similar
changes were also made to reflect this change);
6) 1.4.1.17 was changed to reference
statute in lieu of repeating it (several similar changes were also made in this
regard);
7) 1.4.1.18 had clarifying changes made
to the language without substantive change;
8) Subsection H of 1.4.1.24 was
clarified to reflect current electronic processes;
9) 1.4.1.25 was changed to reflect
statute instead of repeating it, especially as these preferences recently
change and could foreseeably change in future;
10) 1.4.1.26 was changed for the same
reasons;
11) Subsection 2 of Subsection C of
1.4.1.30 was rewritten to better reflect the actual process that takes place in
evaluating a request for proposals;
12) Subsection B of 1.4.1.32 was clarified
to better reflect actual SPD and agency processes;
13) 1.4.1.33 contains additional language
to recommend that pre-proposal conferences not be made mandatory so as to
eliminate prospective offerors but should be held if truly needed;
14) 1.4.1.41 was clarified to make “Best
and Final Offers” more acceptable;
15) 1.4.1.43 contains some clarifying
language as does 1.4.1.45;
16) 1.4.1.47 contains clarifying language
since Contracts Review Bureau was moved from the Department of Finance and
Administration to GSD/SPD;
17) 1.4.1.48 through 1.4.1.52 had language
changes in order to make them reflective of statute rather than repeating
statute especially since small purchase amounts are sometimes changed by the
legislature;
18) 1.4.1.54 through 1.4.1.57 contain the
most substantive changes in the replacement as they encompass the statutory
requirements for local public bodies to post sole source procurements on the
State Purchasing Agent’s website (see 13-1-126.1 NMSA 1978);
19) 1.4.1.59 was changed to reflect
statute instead of repeating it in regard to emergency procurements;
20) 1.4.1.64 was changed to reflect the
required retention periods as set forth by State Records and Archives instead
of repeating it;
21) Subsection B of 1.4.1.87 was changed
to better reflect the actual processes of SPD (as was Subsection C of
1.4.1.89);
22) 1.4.1.94 adds language to make it the
responsibility of every entity to keep the SPD CPO website up-to-date with the
most current information for that entity and also clarifies that only an
“employee” can serve as an entity’s CPO as well as stating that such duties can
be delegated under certain circumstances.
Summary of full
text: The full documents’ texts can be
found on the State Purchasing website.
Interested individuals may provide comments at the
public hearing and/or submit written or electronic comments to Paul Kippert,
via email at paul.kippert@state.nm.us or mail to Paul Kippert, General Services
Department, State Purchasing Division, PO Box 6850, Santa Fe, New Mexico 87502.
Written comments must be received no later than 5:00
pm on June 2, 2022 prior to the public hearing. However, the submission of written comments as
soon as possible is encouraged. Persons
may also submit written comments at the public hearing. All comments will be posted on the agency’s
website within 3 days of receipt.
Copies of the proposed rule are available for download
on the State Purchasing Division’s website at https://www.generalservices.state.nm.us/statepurchasing/
and available at the State Purchasing Division located at General Services
Department, State Purchasing Division, Joseph Montoya Building, Room 2016, 1100
St. Francis Drive, Santa Fe, New Mexico 87505. A copy of the proposed rule may also be
requested by contacting Paul Kippert at (505) 827-0915.
Individuals with disabilities who require this
information in an alternative format or need any form or auxiliary aid to
attend or participate in the public hearing are asked to contact Paul Kippert
at (505) 827-0915 to provide requested special accommodations.