A purchase order must be issued to the vendor prior to receiving any items or services. Purchases executed by users prior to issuance of a purchase order are prohibited, except as otherwise provided in the emergency purchasing procedures of Article
III of this chapter.
Requisitions shall not be initiated and purchase
orders shall not be issued, approved or processed when line items
are overexpended, except as approved by the appropriate County reviewing
department in accordance with state and Doña Ana County regulations
and provisions, and provided there are legally sufficient budget balances
available otherwise. It shall be the primary responsibility of the
purchase user to ensure sufficient funds are available prior to initiating
a purchase.
[Amended 9-14-2010 by Res. No. 2010-70; 9-27-2011 by Ord. No. 235-2011; 6-24-2014 by Res. No. 2014-70; 4-13-2021 by Res. No. 2021-42]
Purchases shall be made at the best possible
prices and in accordance with the following procedures:
A. Purchases not exceeding $20,000, plus applicable gross receipts tax
(GRT). Requests involving dollar amounts not exceeding $20,000, plus
applicable GRT, may be processed without formal written quotations.
These purchases should be procured at the best obtainable price, considering
the time, cost and effort of obtaining the purchase. Quotations are
normally solicited by telephone. The Department for Auditor's
inspection shall maintain records of such purchases. Purchases shall
not be artificially divided for the purpose of qualifying as a purchase
under this subsection.
B. Purchases exceeding $20,000 but less than $60,000, plus applicable
gross receipts tax (GRT).
(1) Requests involving dollar amounts exceeding $20,000 but not exceeding
$60,000, plus applicable GRT, may be processed with three formal written
quotations. Written quotations obtained from a vendor must be written
on vendor letterhead, vendor invoice, vendor website, vendor catalog
or vendor email. Such quotations as "does not carry" or "did not return
my phone call" do not qualify as a valid written quotation. In the
case where three obtainable quotes are not obtainable, the department
shall contact Purchasing to assist in locating another source for
a written quote. Written quotations received will be submitted to
the Purchasing Department. These purchases should be procured at the
best obtainable price. Purchases shall not be artificially divided
for the purpose of qualifying as a purchase under this subsection.
(2) If a vendor has an agreement or contract with the County to provide
tangible personal property or service, multiple quotations are not
required.
C. Purchases exceeding $60,000, plus applicable gross receipts tax (GRT).
(1) All purchases exceeding $60,000 require competitive sealed bids or
requests for proposal. The procedures for competitive sealed bids
or requests for proposal are specified by the State of New Mexico
Procurement Code and shall be processed and executed by the Purchasing
Department.
(2) As provided for in Dona Ana County Board Resolution 2021-42, the
County Manager shall have the authority to award bids/requests for
proposal not exceeding $100,000, provided sufficient funds have been
approved in the current fiscal year budget and the purchase will be
completed in the current fiscal year.
(3) The Board of County Commissioners shall award bids/requests for proposal
exceeding $100,000.
D. State or federal purchasing contracts and cooperative bid exceptions.
(1) The bidding process may be waived in cases where a vendor has a current
state purchasing contract, general services agency (GSA) contract,
or contract with another government entity ("piggybacking"). Also,
the County may purchase items cooperatively through another public
body's bid process consistent with state statutes.
(2) As provided for in Dona Ana County Board Resolution 2021-42, the
County Manager will have signature authority to enter into short-term
contracts (current fiscal year) for purchase of goods and services
$100,000 or less per project/purchase order procured through these
existing contracts. Funding for these purchases must have been approved
in current budget.
(3) The Board of County Commissioners shall approve purchases exceeding
$100,000 utilizing an existing contract.
"Sole-source purchases" are purchases of goods
and services that are available from only one vendor. As examples,
there may be just one vendor because of patents or copyrights, or
simply because the vendor is the only one that supplies the good or
service.
A. Authorization for sole-source purchase. In accordance
with the State Procurement Code, NMSA § 13-1-126, the Purchasing
Department shall make a determination, after conducting a good-faith
review of available sources, that there is only one source for the
required service, construction or item of tangible personal property.
The Purchasing Manager or his/her designee must approve the sole-source
purchase prior to the user department initiating the purchase.
B. Procedure for sole-source purchase.
(1) In order for the Purchasing Department to make a determination
for sole-source procurement, the user department must provide the
following required justification:
(a)
The user department must provide a written explanation
as to why only this particular product/service is acceptable. Any
request by a user department that procurement be restricted to one
potential vendor shall be accompanied by a written explanation as
to why no other vendor will be suitable or acceptable to meet the
need.
(b)
The user department must provide a detailed
letter from the vendor stating that the vendor is the only authorized
source for the product or service. The letter shall also include a
current price quotation.
(2) Note: Sole-source purchase requests submitted without
the above written documentation will be returned to the user department
for completion and compliance without any action taken by the Purchasing
Department.
[Amended 8-14-2007 by Res. No. 2007-83; 9-27-2011 by Ord. No. 235-2011; 4-13-2021 by Res. No. 2021-42]
"Professional services" means the services of architects, archeologists,
engineers, surveyors, landscape architects, medical arts practitioners,
scientists, management and systems analysts, certified public accountants,
registered public accountants, lawyers, psychologists, planners, researchers,
construction managers and other persons or businesses providing similar
professional services, which may be designated as such by a determination
issued by the state purchasing agent or a central purchasing office
(NMSA 1978 § 13-1-76). In order for the Purchasing Department
to make a determination as to whether or not a service qualifies as
"professional," a potential provider may be requested to provide credentials
such as proof of an advanced degree, specialized certification and/or
training, and a list of references.
A. Professional services not exceeding $60,000, plus applicable gross
receipts tax (GRT).
(1) User departments are encouraged to contact at least three businesses
for written or verbal offers before selecting a contractor. The Purchasing
Department shall negotiate a contract for the required services at
a fair and reasonable price (NMAC 1.4.1.52).
(2) As provided for in Dona Ana County Board Resolution 2021-42, the
County Manager has contract signature authority for $100,000 or less.
B. Professional services exceeding $60,000, plus applicable gross receipts
tax (GRT).
(1) All professional services purchases exceeding $60,000, plus applicable
GRT, require a competitive request for proposal. The procedures for
competitive requests for proposal are specified by the State of New
Mexico Procurement Code and shall be processed and executed by the
Purchasing Department.
(2) As provided for in Dona Ana County Board Resolution 2021-42, the
County Manager shall have the authority to award bid/request for proposal
not exceeding $100,000, provided funds have been approved in the current
fiscal year budget and the purchase will be completed in the current
fiscal year. The Board of County Commissioners shall award bids/requests
for proposal exceeding $100,000.
No purchases shall be made for the purpose of
personal or private use. This includes non-business-use purchases.
The County is authorized to purchase used equipment
or items. The purchase shall be formally approved by action of the
County Commission prior to purchase. The Purchasing Department, when
procuring used items of tangible personal property the estimated cost
of which exceeds $5,000, shall request bids as though the items were
new, adding specifications that permit used items under conditions
to be outlined in the bid specifications, including but not limited
to requiring a written warranty for at least 90 days after date of
delivery and an independent "certificate of working order" by a qualified
mechanic or appraiser. (NMSA § 13-1-155)