§ 2-13-150. Procurement under existing contracts.

The following purchase methods may be utilized for the purchase of goods, services and construction in lieu of the purchase methods required by section 2-13-090, purchases by written quotation, section 2-13-100, competitive sealed bids, and section 2-13-110, competitive sealed proposals:

Government contracts. Goods, services or construction may be purchased from a business, or authorized representative, under contract with a federal or state agency at prices which are equal to or less than the prices of goods, services or construction meeting the same specifications or standards of those purchases, if the following conditions are met:

a.

Prices must be from:

1.

A nationally published federal price schedule or a "federal government price schedule" published by the business under contract with the federal government; or

2.

A current state purchasing contract which has been awarded after notice and publication pursuant to the requirements of the New Mexico Procurement Code, sections 13-1-28 et seq., NMSA 1978 (as amended); or

3.

A cooperative procurement agreement established by any state agency or local public body, even though one or more of the contracting parties may be located outside the state.

b.

The quantity purchased shall not exceed the quantity which may be purchased under the applicable contract, providing the contractor has indicated in writing a willingness to extend such contractor pricing, terms and conditions to the city and the purchase order adequately identifies the contract relied upon.

c.

The goods and services or construction shall be purchased at the best obtainable price.

d.

The terms and conditions of the contract shall not be modified for the city purchase, unless the change is agreed to by the contracting business and is more favorable to the city than the original terms and conditions.

e.

The purchase order for the goods, services or construction purchased shall adequately identify the contract relied upon.

f.

The central purchasing office shall retain for public inspection and internal use, a copy of each contract relied upon to make a purchase under this subsection without seeking competitive offers.

(Ord. No. 1185, § 15, 6-22-04; Ord. No. 1304, § 5, 7-24-07)