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)
Procurement pursuant to NMSA 1978, section 13-1-129 (1984, 1991),
should not be used unless the procurement manager makes a specific
finding that competitive bidding for the particular product would
not be advantageous to the county. In no event shall a contract in
total value exceeding $250,000 be awarded without competitive bidding
unless the board of county commissioners specifically approves.
(Ordinance 2012-05, sec. 1, adopted 4/10/12)
Each multi-year contract awarded henceforth following a competitive
procurement process shall be written for a one-year term with an annual
renewal at the county's option for no more than three additional one-year
terms unless a modified term is specifically approved by the board
of county commissioners.
(Ordinance 2012-05, sec. 2, adopted 4/10/12)
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)
