ANNOUNCED AS TEMPORARYNo
Public procurement preference margin
On October 5, 2011 the governor of New Mexico signed into law a bill (SB1) that generally establishes a 5% preference for in-state firms in government procurement. The bill provides in relevant part that —
B. When a public body makes a purchase using a formal bid process, the public body shall deem a bid submitted by a resident business to be five percent lower than the bid actually submitted.
C. When a public body makes a purchase using a formal request for proposals process:
(1) five percent of the total weight of all the factors used in evaluating the proposals shall be awarded to a resident business based on the resident business possessing a valid resident business certificate; or
(2) if the contract is awarded based on a point-based system, a resident business shall be awarded the equivalent of five percent of the total possible points to be awarded based on the resident business possessing a valid resident business certificate.
D. When a joint bid or joint proposal is submitted by both resident and nonresident businesses, the resident business preference … based on the dollar amount of the goods or services provided under the contract, that will be performed by a nonresident business as specified in the joint bid or proposal.
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