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Purchasing - July 2008 Revision

Note: This procedural directive was reviewed and revised in May 2011. We provide this revision for historic purposes only. Please refer to the current policy.

The District must provide for the fair and equitable treatment of all persons involved in public procurement, to maximize the purchasing value of public funds and to provide safeguards for maintaining a procurement system of quality and integrity.

All purchases which expend public school money (including school activity funds) fall under the definition of purchase from public funds and are subject to Chapter 13 Pamphlet 29 NMSA 1978 entitled "Public Purchases and Property" which includes the Procurement Code, Public Works Contracts, and other pertinent legislation.

Please contact the Procurement Division with specific questions. The following information is provided as a general reference.

The purchase, rental and lease of any tangible personal property or construction which will exceed $20,000 must be formally bid by the Procurement Division and may not be artificially divided to circumvent this requirement.

Exceptions such as patented or copyrighted products, use of existing contracts, or certain statutory exemptions may apply. Freight, installation, rigging, tax, etc. are considered to be part of the cost of the product. Bid documents will be mailed or otherwise distributed by the Procurement Division which shall also publish public notice not less than ten calendar days prior to the date set forth for the opening of the bid.

The purchase, rental and lease of any tangible personal property or construction which will fall between $10,000 and $19,999.99 are required by Administrative policy to obtain three quotes. These may be written, faxed or telephoned. Documentation including but not limited to the date, time, company, price, person quoting, model number etc., freight charges, must be furnished to the Procurement Division which may recommend or contact additional sources.

Purchases which are less than $10,000 must be made at the best obtainable price. Quotes are at the option of the user.

Professional services which will exceed $50,000 must also be formally bid. Please contact the Procurement Division as to what qualifies as a professional service and for applicability of the Professional Services Agreement. Note that the District does pay gross receipts tax on professional services and that a line item for this tax must be specifically established.

Grants are not exempt from public purchasing statutes and all applicable state and federal requirements. Any such appropriation must also be accomplished within District guidelines. The fact that certain businesses or individuals may be contacted for cost projections or other information does not guarantee that business or individual any payment or future work within the grant. Professional services as well as the purchase, rental or lease of any equipment and/or supplies which are to be provided under the grant will be competed in the usual manner.

Cross Ref.:

Legal Ref.: Public Purchases Act, 13-1-28 – 199 NMSA 1978

NSBA/NEPN Classification: DJ

Revised: May 1995
Revised: April 1996
Revised: May 1997
Reviewed: January 1, 2001
Revised: July 22, 2008

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