For Lujan Grisham’s Administration, the SOP For Use of Sole Source Procurement Code Seems Antithetical to Its Purpose
This is an introduction to a series The Candle will be reporting over the next few months leading to the 2026 Regular Session of the Legislature.
“The purposes of the Procurement Code are to 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.” – NM Stat § 13-1-29 (C)
Generally, procurement of supplies and services for government agencies are carefully handled through procedures that insure fairness and best cost practices.
The State of New Mexico has a procurement code which is required to be followed by state agencies, public universities and local governments.
But a close look at the use of “sole source” and “emergency” purchases over the last few years reveals questionable “work arounds” to the accountability envisioned by the state’s procurement laws and regulations.
The Candle found that in a little more than a year, New Mexico state and local government agencies have submitted and have approved close to a thousand purchases via the sole source and emergency exceptions in the state’s procurement code.
Some of these purchases amount from hundreds of thousands to millions of dollars worth of services with no competitive process being invoked.
This is not a new matter of concern.
Four years ago, in 2021, the Legislative Finance Committee staff wrote in a report on procurement,
“However, as highlighted by LFC over two evaluations in the past five years, state law, management decisions at the State Purchasing Division of the General Services Department, and noncompliance by state agencies have often led to the state overspending for purchases ranging from everyday acquisitions of laptops and cars to noncompetitively sourced contracts worth hundreds of millions of dollars.” – Page 2, LFC Program Evaluation Unit Legislative Finance Committee October 28, 2021, entitled, “Obtaining and Maximizing Value in State Procurement.”
Starting on Wednesday, The Candle will reporting on a number of the “sole source” and emergency contracts and purchases which should raise some eyebrows of those working in government watch dog and accountability agencies.