This chapter applies to elected officials, all departments, agencies, individuals, and other users authorized to make purchases from public funds budgeted, administered or controlled by, or otherwise under the supervision of Doña Ana County government. This chapter establishes policies, procedures, and guidelines relating to the procurement of goods, services, and construction.
The Purchasing Manager, under the direction of the County Manager, shall have the responsibility and authority to ensure that all provisions of law and this chapter are followed. The Purchasing Manager shall be responsible for ensuring that all provisions of this chapter and all other purchasing concerns and activities of Doña Ana County are appropriate and consistent with the most current generally accepted purchasing techniques, regulations, and provisions of law.
The County Purchasing Department is the central purchasing office for the County, performs all procurement for Doña Ana County, and is responsible for control of the procurement of items of tangible personal property, services, or construction. (NMSA § 13-1-37)
Only individuals authorized by department directors or elected officials shall be authorized to submit purchase requisitions for Doña Ana County purchases. Doña Ana County employees may contact vendors to obtain technical information, prices and delivery information for planning purposes; however, such information acquired by the employee is not binding. Purchasing Department personnel will verify the technical information, confirm prices, and issue a purchase order. Purchasing Department personnel are the only individuals authorized to issue purchase orders. Doña Ana County employees cannot authorize work or expend funds prior to an approved formal purchase order being issued by the Purchasing Department.
A. 
All purchases shall be conducted in a manner above reproach, with complete impartiality and without preferential treatment. Any person who knowingly violates any provision of the State Procurement Code is subject to civil penalty of not more than $1,000 for each procurement in violation of any provision of the Procurement Code. (NMSA § 13-1-196) Any person who violates the State Procurement Code is also guilty of a misdemeanor. (NMSA § 13-1-199) In addition, County employees who violate the State Procurement Code, or any provision of this chapter, which is based upon state law, may be subject to disciplinary action, up to and including termination from employment with the County.
B. 
County personnel shall avoid any conflicts of interest and shall comply with the Code of Conduct set forth in Chapter 14 of the Code of Doña Ana County.
[Amended 9-27-2011 by Ord. No. 235-2011]
A. 
"Unauthorized purchase" means any purchase which is not properly supported within the approved County budget or by other County Commission action, and includes any purchase whereby an employee has requested that a vendor provide supplies, equipment or services in the absence of an approved formal purchase order or other Purchasing Department approval, and any purchase that is procured utilizing an expired contract.
B. 
The County hereby declares and establishes that it will assume no responsibility for payment of unauthorized purchases. Employees initiating or otherwise executing any unauthorized purchases may be held personally liable for payment to the vendor without Doña Ana County reimbursement.
C. 
The County Manager shall have the authority to determine whether a questionable purchase is authorized or unauthorized and shall refer all purchases deemed unauthorized to the Board of County Commissioners for review.
Purchases considered to be unauthorized shall be reviewed and considered by the Board of County Commissioners at a public meeting. After review, the Commission, in its discretion, may approve or disapprove payment of the unauthorized purchase. Unauthorized purchases will not be processed for payment without Board of County Commissioners' approval.
A. 
Departments shall verify that the appropriate gross receipts taxes are levied on purchases made by Doña Ana County. Doña Ana County is not required to pay gross receipts taxes on the purchase of tangible personal property. However, the County is required to pay gross receipts taxes on all services and construction materials that will become an ingredient or component part of a construction project. This applies whether or not the County is performing the construction service or has hired a contractor to perform the construction service. A "construction project" is defined as the building, altering, repairing, or demolishing in the ordinary course of business of any road, building, airport, park, dam, sewage or water treatment facility, power-generating plant, pipeline, transmission line, tower, storage tank, mine shaft, microwave station, wall, or similar work. Also included are leveling and clearing of land, excavating earth, drilling wells, or similar work.
B. 
Receipts from a true lease of tangible personal property to Doña Ana County are subject to gross receipts tax. In addition, licensed software sold to Doña Ana County is taxable.
C. 
The business location of the seller or lessor determines the rate of the gross receipts tax. The exception to this rule is that each construction site is considered a business location for the construction contractor.
[1]
Editor's Note: See also Ch. 305, Taxation, Part 1.
The provisions of this chapter are subject to change in accordance with New Mexico statute updates or revisions to the State Procurement Code[1] and state administrative regulations. Any conflict between the provisions of this chapter and state law or regulation brought about by a revision to state statute or regulation shall be resolved in favor of the state law or regulation. All user departments shall be provided a copy of any such revisions to state law or regulation. Nothing in this section shall be interpreted as in any way limiting the County's ability to impose additional restrictions or more stringent requirements than contained in state law where such are not prohibited by state law.
[1]
Editor's Note: See NMSA 13-1-1 et seq.
The County Manager, in consultation with County Legal Department, is authorized to interpret any provision of this chapter that is vague or unclear under the circumstances presented, and may provide a written interpretation of the provision, which shall be implemented consistently by all departments and offices.
This chapter shall be amended as needed by further resolution of the Board of County Commissioners.
The Purchasing Manager or his/her designee, with the approval of the County Manager, is authorized to create, distribute, and require the use of any form deemed necessary for the procurement of goods, services, and construction that is consistent with the requirements and the intent of these purchasing policies and procedures.