This subchapter may be cited as the “Santa Fe County Procurement Preference Ordinance,” or the “Procurement Preference.”
(Ordinance 2012-04, sec. 1, adopted 4/10/12)
This subchapter shall apply to procurement by the county under state law and the county's procurement regulations. This subchapter shall not apply to a procurement by the county that is governed, pursuant to a grant agreement, by the federal acquisition regulations, 48 CFR part I et seq.
(Ordinance 2012-04, sec. 2, adopted 4/10/12)
A business that holds a current county business certificate at the time of application for a preference certificate pursuant to this subchapter (or the appropriate municipal business license, if located within a municipality) that has its primary and permanent office or business location within the exterior boundaries of the county, which has had its primary and permanent office or business location within the exterior boundaries of the county for at least one (1) year preceding the submission of an application for a county procurement preference, and which, if a foreign corporation, has filed a unitary return pursuant to the Corporate Income and Franchise Tax Act and NMSA 1978, section 7-2A-8.3.
The certificate issued to a business engaged in business within the unincorporated limits of the county.
The certificate authorized pursuant to section 36.05 of this subchapter.
The person appointed to serve as the county's procurement manager pursuant to the county procurement regulations, Resolution 2006-60, as amended.
(Ordinance 2012-04, sec. 3, adopted 4/10/12)
(A)
A county procurement preference is hereby established, as described in this subchapter.
(B)
When the county procures services using competitive sealed proposals pursuant to NMSA 1978, section 13-1-111 (1975), an offer submitted by a county business shall be deemed to receive five percent (5%) of the overall total points awarded in connection with the evaluation of the proposals.
(C)
In applying the preference provided in this subchapter, the county procurement preference shall be applied in addition to any other preference required by law.
(Ordinance 2012-04, sec. 4, adopted 4/10/12)
A county business shall be eligible to claim the preference established in this subchapter only when presenting, prior to or at the time established in the solicitation for receipt of proposals, a county preference certificate issued by the procurement manager.
(Ordinance 2012-04, sec. 5, adopted 4/10/12)
(A)
A county business may obtain a preference certificate by filing an application with the procurement manager.
(B)
The application shall be completed on a form provided by the procurement manager that contains a sworn affidavit from the president or owner of the business setting forth each of the following:
(1)
The name, address, telephone number and name of the business and its registered agent (if applicable);
(2)
If a corporation, information that the corporation is registered to do business in the state and is in good standing;
(3)
If the business is a foreign corporation, information that the business is registered to do business in the state and is in good standing;
(4)
A copy of a valid business registration to do business in the county (or a copy of the appropriate municipal business license, if located within a municipality within the county);
(5)
A statement that the business has maintained its primary and permanent office or business location within the exterior boundaries of the county for at least one (1) year preceding the submission of the application; and
(6)
If a foreign corporation, copies of the most recent state and federal tax returns applicable to the business.
(C)
The procurement manager shall issue a preference certificate if the application demonstrates, to the satisfaction of the procurement manager, that the business holds a current business certificate at the time of application for a preference certificate pursuant to this subchapter (or the appropriate municipal business license, if located within a municipality), that the business has its primary and permanent office or business location within the exterior boundaries of the county and has maintained its primary and permanent office or business location within the exterior boundaries of the county for at least one (1) consecutive year preceding the submission of the application and if a foreign corporation, has filed a unitary return pursuant to the Corporate Income and Franchise Tax Act and NMSA 1978, section 7-2A-8.3.
(Ordinance 2012-04, sec. 6, adopted 4/10/12)
(A)
If the purchasing manager determines that an applicant is not eligible for certification, the purchasing manager shall deny the application and shall issue a notice of denial.
(B)
A business whose application for a preference certificate is denied may protest the denial to the procurement manager in conformity with the protest procedures of the purchasing regulations.
(C)
If facts are developed by the procurement manager that information provided by an applicant seeking a preference certificate has provided inaccurate or misleading information that resulted in the issuance of a certificate, the procurement manager shall revoke the certificate and notify the applicant.
(Ordinance 2012-04, sec. 7, adopted 4/10/12)
A preference certificate shall be valid for two (2) years from the date of its issuance.
(Ordinance 2012-04, sec. 8, adopted 4/10/12)
Knowingly providing false or misleading information on an application for a procurement preference shall constitute a violation of this subchapter and shall be punished as set forth in NMSA 1978, section 4-37-3 (1975); knowingly providing false or misleading information on an application for a procurement preference may also expose the person providing such information to additional criminal penalties as provided by state law.
(Ordinance 2012-04, sec. 9, adopted 4/10/12)
The term “construction” shall have the meaning assigned by NMSA 1978, section 13-1-40 (1984).
The term “engineering” shall have the meaning provided in NMSA 1978, section 61-23-3(E) (1987, as amended).
The term “architecture” shall have the meaning provided in NMSA 1978, section 61-15-2(B)(1979, as amended).
(Ordinance 2012-05, sec. 12, adopted 4/10/12)
Editor's note–Former section 36.21 pertaining to outside contracts and deriving from Ordinance 2012-05, sec. 1, adopted 4/10/12, was repealed and deleted in its entirety by Ordinance 2024-07 adopted 4/30/2024.
Editor's note–Former section 36.22 pertaining to periodic rebidding and deriving from Ordinance 2012-05, sec. 2, adopted 4/10/12, was repealed and deleted in its entirety by Ordinance 2024-07 adopted 4/30/2024.
Each construction project undertaken by the county (excluding those projects funded by a grant from the state legislature or the federal government) whose construction budget exceeds the sum of $20,000 must, before being constructed, be included in the capital improvements plan (CIP). This section shall not apply to a construction project that is necessary to address an emergency declared by the county manager or the board of county commissioners that endangers the public health, safety, welfare or property.
(Ordinance 2012-05, sec. 3, adopted 4/10/12)
Road maintenance shall not be performed on a private road and shall only be performed on a county-maintained road that has been placed on the list submitted to the state pursuant to NMSA 1978, section 67-3-28.3 (1987) (“road maintenance list”). Road maintenance work, including routine and priority maintenance, must be identified equitably in each commission district, unless there is no need for a project in a particular district. This section does not prohibit the county from maintaining, repairing, and improving roads or parking lots located on county property regardless of whether such roads appear on the road maintenance list.
(Ordinance 2015-8 adopted 9/8/15)
Plans and specifications drawn by a professional engineer licensed in the state or an architect licensed in the state, as appropriate, shall be prepared for each construction project that will be conducted using the county's own forces and whose construction budget exceeds the sum of $250,000.
(Ordinance 2012-05, sec. 5, adopted 4/10/12)
All requests by constituents for maintenance, repair, construction or reconstruction should be made through the county's internet web site or to a constituent services liaison. Each request shall be subsequently referred to the appropriate constituent services liaison. The constituent service liaison must work with appropriate county staff and the legal department to ensure that the request meets constitutional scrutiny and is placed on the CIP or the road maintenance list, as appropriate. If the request pertains to a road, the constituent service liaison must work with appropriate county staff and the legal department to ensure that the road in question is a county-maintained road.
(Ordinance 2012-05, sec. 6, adopted 4/10/12)
All construction contracts for a sum exceeding $250,000 shall have signatory authorization forms included in the official contract file prior to issuance of the notice to proceed. The forms shall designate individual authority levels for contract change directives, change orders, amendments and other construction documents that obligate the county. The forms shall have original signatures for specific authorizations and copies shall be given to the contractor, the using department, and the accounts payable division of the finance department. Accounts payable personnel shall verify signatures when processing invoices to ensure appropriate individuals verified work received and authorized payments.
(Ordinance 2012-05, sec. 7, adopted 4/10/12)
The finance division must periodically randomly review and audit procurement files the total value of which exceeds the sum of $250,000 to ensure compliance with the Procurement Code and the county's purchasing regulations; variances shall be reported to the department head and the county manager. Any violation of a criminal statute discovered in connection with the audits required by this section shall be promptly reported to the appropriate law enforcement agency, and reported to the state auditor pursuant to NMSA 1978, section 12-6-6 (1969, as amended).
(Ordinance 2012-05, sec. 8, adopted 4/10/12)
A comprehensive and mandatory procurement training program shall be given to all county employees and elected officials on the constitutional limitations of county government and on the legal limitations of procurement pursuant to the Procurement Code and other relevant statutes.
(Ordinance 2012-05, sec. 9, adopted 4/10/12)
Persons responsible for procurement, persons with authority to sign requisitions, and persons otherwise authorized to accomplish county expenditures, must be the most responsible, experienced and capable employees. Persons possessing these responsibilities must be specifically designated in writing by the department head or deputy department head and approved by the county manager. The designation may be revoked at any time. Each person responsible for procurement, signing requisitions or otherwise authorizing county expenditures, and the department head and deputy department head, shall receive additional training in procurement and financial controls on an annual basis. Those individuals shall be strictly responsible for any such actions, and may be disciplined, up to and including termination, for failure to exercise those responsibilities in a proper and lawful manner.
(Ordinance 2012-05, sec. 10, adopted 4/10/12)
Employees and members of the public are encouraged to report confidentially, but not anonymously, any potential wrongdoing or other concern relating to a construction project or any fraud, abuse, illegal or unlawful activity within county government. The county attorney shall be the recipient of such reports, which, if a report concerns criminal conduct, shall be reported to the appropriate law enforcement agency, and if not, reported to the board of county commissioners and the county manager. The county attorney shall provide forms and other means of confidential reporting so that persons concerned about potential wrongdoing can report either in person, through a confidential reporting system, or confidentially on the county's internet website.
(Ordinance 2012-05, sec. 11, adopted 4/10/12)