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​​​​Procurement​​​​

New Mexico Statutes Annotated (NMSA) 1978, Chapter ​​​​13 Public Purchases & Property                                       2013 Supplement - This supplement includes laws enacted since the 2012 Replacement Pamphlet through the First Session of the Fifty-First Legislature (2013) and annotations through 2013-NMSC-017 and 2013-NMCA-059.

NM Statutes 2013 Supplement.pdf


New Mexico Statutes Annotated (NMSA) 1978​, Chapter 13 Public Purchases & Property                                           2012 Replacement Pamphlet - This pamphlet includes laws enacted through the Second Session of the Fiftieth Legislature (2012) and annotations through 2012-NMSC-007 and 2012-NMCA-039.

NM Statutes 2012 Replacement.pdf


​​​​​​What is a Chief Procurement Officer?

Definition

13-1-38.1. Definition; chief procurement officer:

"Chief procurement officer" means that person within a state agency's or local public body's central purchasing office who is responsible for the control of procurement of item's of tangible personal property, services or construction.  "Chief procurement officer" includes the state purchasing agent.  

Each State Agency and Local Public Body is to identify its Chief Procurement Officer (CPO) by January 1, 2014.

To register a CPO for your Charter School, please visit this website.  


Required Training for the CPO

13-1-95.2.C

"The state purchasing agent shall offer a certification training program for chief procurement officers each year."

13-1-95.2.D

​On or before January 1, 2015, the state purchasing agent shall establish a certification program for chief procurement officers that includes initial certification and recertification every two years for all chief procurement officers.  In order to be recertified, a chief procurement officer shall pass a recertification examination approved by the secretary of general services.

For more information about the required training for CPO's, please visit the State Purchasing section of the NM General Services Department's website here.


Who should be selected as the CPO?

This is a very good question, one that both charter law attorneys and procurement experts have not been able to give an across-the-board answer for.  It has been suggested that a full time employee of the Charter School, who makes the decisions regarding purchasing, be selected as the Chief Procurement Officer.  This could include the Executive Director or Principal.

Can a Business Manager be selected as the Charter School's CPO?

A Business Manager can be selected as the CPO, however, if your charter school contracts with an outside company for Business Management Services, then that Business Manager would not be a full time employee of the school.  This would put the contracted Business Manager at risk for liability.  

Keep in mind that a Business Manager facilitates the decisions regarding purchasing, but someone else may be making the actual selections on what to purchase.


Responsibilities of the CPO

  • 13-1-38 Responsible for the issuance of change orders
    • Definition: "change order" means a written order signed and issued by a procurement officer directing the contractor to make changes which the changes clause of the contract authorizes the procurement officer to order with or without the consent of the contract.
  • 13-1-70 Responsible for the issuance of invitations to bid
    • Definition: "notice of invitation for bids" means a document issued by the procurement officer which contains a brief description of the services, construction or items of tangible personal property to be procured, the location where copies of the invitation to bid may be obtained, the location where bids are to be received, the cost, if any, for copies of plans and specifications, the date and place of the bid opening and such other information as the procurement officer deems necessary.
  • 13-1-95.2 Responsible to make determinations, including determinations regarding exemptions, pursuant to the Procurement Code; issue purchase orders and authorize small purchases pursuant to the Procurement Code; and approve procurement pursuant to the Procurement Code.
  • 13-1-106 Any decision by a procurement officer to permit or deny the withdrawal of a bid on the basis of a mistake contained therein shall be supported by a determination setting forth the grounds for the decision.
  • 13-1-111 Responsible for making the determination of when to use competitive sealed proposals. 
  • 13-1-117.1 Responsible for adopting and carrying out regulations regarding the selection of professional service awards.
  • 13-1-125 Responsible for following the small purchase procedures for his/her local public body.
    • May procure services, construction or items of tangible personal property having a value not exceeding $60,000 (excluding applicable state and local gross receipts tax)
    • May procure services, construction or items of tangible personal property having a value not exceeding $20,000 (excluding applicable state and local gross receipts tax) by issuing a direct purchase order to a contractor based upon the best attainable price
  • 13-1-126 Responsible for the approval of sole source awards; this includes determing the basis for the sole source procurement, conducting negotiations, and maintaining all written determinations on file.
  • 13-1-127 Responsible for making determinations regarding emergency procurements
  • 13-1-146 Responsible to determine when a bid security is required.
    • For construction contracts that exceed $25,000
  • 13-1-156.1 Responsible to determine how to dispose of tangible property
  • 13-1-175 Responsible for issuing a determination relating to a protest.
    • Determination will explain the reasons for the actions taken, and inform the protestant of the right to judicial review of the determination
  • 13-1-179 Responsible for issuing a determination to debar or suspend