N.M. Admin. Code § 1.4.10.12

Current through Register Vol. 35, No. 24, December 23, 2024

Section 1.4.10.12 - SOLE SOURCE CONTRACT OR AMENDMENT TO SOLE SOURCE CONTRACT

A. A contract may be awarded without competitive sealed proposals, regardless of the estimated cost, when a central purchasing office of a contracting state agency makes a written determination, signed by the secretary of the contracting state agency or designee, which states that a good-faith review of available sources has been conducted and that there is only one source for the required professional services. The written determination and the dollar amount of the contract shall be submitted to the bureau for review and approval by the GSD secretary or designee and shall include the following information:

(1) a detailed, sufficient explanation of the reasons, qualifications, proprietary rights, or unique capabilities that make the prospective contractor a sole source;

(2) an explanation of the criteria developed and specified by the state agency as necessary to perform the contract and upon which the state agency reviewed available sources;

(3) a description of the procedures used by the state agency in conducting a good faith review of available sources, including without limitation, a narrative description of all steps taken by the state agency as evidence of the good-faith review performance such as:

(a) researching trade publications and industry newsletters;

(b) reviewing telephone books or other advertisements;

(c) reviewing current contract(s);

(d) contacting similar service providers; and

(e) reviewing the state purchasing agents vendor list; and.

(4) a list of all businesses contacted and an explanation of why those businesses could not perform the contract, or a reasonable explanation of why the state agency has determined that no businesses, besides the prospective contractor, exist.

B. The bureau must obtain written approval of the agency's sole source determination from the GSD secretary or designee prior to executing a sole source contract or amendment to a sole source contract.

N.M. Admin. Code § 1.4.10.12

Adopted by New Mexico Register, Volume XXXIII, Issue 12, June 21, 2022, eff. 6/21/2022