§ 31-261. State and local preferences.

(a)

Definitions. For the purposes of this section:

(1)

The terms "resident person or business" and "resident manufacturer" shall be defined as set out in NMSA 1978, § 13-1-21;

(2)

the term "local" as applied to a person or business or manufacturer shall mean that it meets the requirements of the above definition, maintains its principal office and place of business in Los Alamos County, and has a required Los Alamos County business license.

(b)

Requirements for preference qualification. The purchasing agent shall determine if a preference is applicable to a particular bid or offer on a case-by-case basis. A bidder or offeror must submit a written request for preference, with a copy of the state-issued preference certificate, with its bid or proposal to qualify for this preference.

(1)

If a corporation, it shall be incorporated in New Mexico and maintain its principal office and place of business in the state;

(2)

A person shall have qualified with the state purchasing agent as a resident business or manufacturer and obtained a certification number as provided in NMSA 1978, § 13-1-22.

(c)

Preference factor. The preference factor for qualifying resident and local persons applied to bids and proposals shall be five percent.

(d)

Invitations for bids. When bids are received, the price quoted by the qualifying vendor shall be multiplied by 0.95. After application of the preference factor, the contract shall be awarded to the lowest bidder. If one or more low prices are equal, the bid shall be awarded with respect to the next category of offerors listed below, and the next, until an offer qualifies for award. The priority of categories of offers is as follows:

(1)

Local manufacturer;

(2)

Local person or business;

(3)

Resident manufacturer;

(4)

Resident person or business.

(e)

Requests for proposals. When proposals are received, the total evaluation score with or without the cost factor of each proposal received from a qualifying vendor shall be multiplied by 1.05. After application of the factor, the contract shall be awarded to the highest score. If one or more scores are equal, the same procedure shall be followed with respect to the next category of offerors listed, and the next, until an offer qualifies for award. The priority of categories of offerors is the same as listed in subsection (d) of this section.

(f)

Exemptions from preferences. The resident and local preference specified in this article shall not be applied:

(1)

To requests for qualifications;

(2)

To any purchase of goods or services in excess of $500,000.00;

(3)

When the expenditure of federal funds designated in whole or in part for a specific purchase is involved; or

(4)

When the expenditure of grant funds, a condition of which prohibits a local preference, is involved.

(Ord. No. 02-098, § 2, 12-2-2008)