A. Competitive sealed proposals, including competitive sealed qualifications-based proposals, shall be solicited through a request for proposals that shall be issued and shall include:
(1) the specifications for the services or items of tangible personal property to be procured;
(2) all contractual terms and conditions applicable to the procurement;
(3) the form for disclosure of campaign contributions given by prospective contractors to applicable public officials pursuant to Section 13-1-191.1 NMSA 1978;
(4) the location where proposals are to be received and the date, time and place where proposals are to be received and reviewed; and
(5) the requirements for complying with any applicable in-state preference provisions as provided by law.
B. A request for proposals may, pursuant to Section 13-1-95.1 NMSA 1978, require that all or a portion of a responsive proposal be submitted electronically.
C. In the case of requests for competitive qualifications-based proposals, price shall be determined by formal negotiations related to scope of work.
History: Laws 1984, ch. 65, § 85; 1989, ch. 69, § 8; 2006, ch. 23, § 4; 2007, ch. 234, § 1; 2011 (1st S.S.), ch. 3, § 4.
ANNOTATIONSThe 2011 (1st. S.S.) amendment, effective October 5, 2011, required that requests for proposals include a statement of the requirements for complying with the applicable resident preference; and added Paragraph (5) of Subsection A.
The 2007 amendment, effective July 1, 2007, added Paragraph (3) of Subsection A.
The 2006 amendment, effective March 2, 2006, added the last sentence in Subsection A to provide that a request for proposals may require that all or a portion of the proposal be submitted electronically.
Request is not an offer. — A request for bids is not an offer; the bidders are making offers when they submit bids. No contract for the procurement occurs until acceptance by the party that solicited bids. Planning & Design Solutions v. City of Santa Fe, 1994-NMSC-112, 118 N.M. 707, 885 P.2d 628.
Effect of request for proposals. — By requesting proposals, the city entered into an implied or informal contract that it would fairly consider each bid in accordance with all applicable statutes. Planning & Design Solutions v. City of Santa Fe, 1994-NMSC-112, 118 N.M. 707, 885 P.2d 628.