The state highway department may construct, reconstruct and maintain all state highways by work done with its own forces or let the work on contract after advertising for bids subject to the approval of the state highway commission. Such advertisement for bids shall be in accordance with the rules and regulations adopted therefor by the commission, and bids shall be received at such places and shall be made on such forms and in such manner and accompanied by such guarantee as may be prescribed by the commission. The chief highway administrator may reject any or all bids if they are unbalanced or for any other good reason, but otherwise he shall award the contract to the lowest responsible bidder allowing for such preference as may be provided by law. The successful bidder is required to furnish satisfactory bond in such amount as may be determined by the commission. The commission may adopt rules and regulations providing for the exclusion of contractors from bidding and for the determination of a responsible bidder pursuant to the provisions of the Public Purchases Act.
History: Laws 1917, ch. 38, § 9; 1929, ch. 110, § 2; C.S. 1929, § 64-310; Laws 1939, ch. 92, § 1; 1941 Comp., § 58-232; 1953 Comp., § 55-2-32; Laws 1983, ch. 72, § 1.
ANNOTATIONSThe 1983 amendment substituted the present section catchline for the former catchline which read: "Road work; use of commission forces; bids; advertising; restrictions; rejection; contractor's bond," deleted "That" at the beginning of the first sentence, substituted "department" for "commission" following "state highway" near the beginning of the first sentence, substituted "or" for "In all other cases it shall be the duty of the state highway engineer to" preceding "let the work" near the middle of the first sentence, inserted "state highway" preceding "commission" near the end of the first sentence, substituted "the" for "such" preceding "rules" near the beginning of the second sentence, deleted "as may be" preceding "adopted" near the beginning of the second sentence, substituted "the" for "such" preceding "commission" near the middle of the second sentence, deleted "said" preceding "commission" near the end of the second sentence, substituted "chief highway administrator" for "state highway engineer" near the beginning of the third sentence, added "allowing for such preference as may be provided by law" at the end of the third sentence, substituted "is" for "shall be" preceding "required" near the beginning of the fourth sentence, deleted "state highway" preceding "commission" near the end of the fourth sentence, and added the last sentence.
Effective dates. — Laws 1983, ch. 72, contains no effective date provision, but was enacted at the session which adjourned on March 19, 1983.
Compiler's notes. — The title of the 1929 act amending this section does not indicate that such act is amendatory of the 1917 act. However, the preliminary clause of § 2 reads: "Section 9 of chapter 38 of the Laws of 1917, be and it is hereby amended to read as follows."
Public Purchases Act. — The Public Purchases Act, referred to in this section, was repealed by Laws 1984, ch. 65, § 175. Laws 1984, ch. 65, § 2, compiled as 13-1-29 NMSA 1978, provides that all references in law to the Public Purchases Act shall be construed to be references to the Procurement Code, 13-1-28 to 13-1-199 NMSA 1978.
Recovery by materialman on bond of contractor. — A bond to the state, conditioned for the performance by a highway contractor of the obligations of his contract, one of which obligations was to pay for materials used, could be sued on by a materialman, though the same bond indemnified the state, and though no statute authorized exacting such a contract or bond. Southwestern Portland Cement Co. v. Williams, 1926-NMSC-052, 32 N.M. 68, 251 P. 380.
Am. Jur. 2d, A.L.R. and C.J.S. references. — 39 Am. Jur. 2d Highways, Streets and Bridges § 288.
Public contracts: authority of state or its subdivision to reject all bids, 52 A.L.R.4th 186.
Equipment leasing expense as element of construction contractor's damages, 52 A.L.R.4th 712.
Highway contractor's liability to highway user for highway surface defects, 62 A.L.R.4th 1067.
Public contracts: low bidder's monetary relief against state or local agency for nonaward of contract, 65 A.L.R.4th 93.
Standing of disappointed bidder on public contract to seek damages under 42 USCS § 1983 for public authorities' alleged violation of bidding procedures, 86 A.L.R. Fed. 904.
40 C.J.S. Highways §§ 197 to 202.