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Reciprocal Preference Law
New Mexico (NM)
 
Preference 
Conditions

Application of Preferences

 ​Procurement Statute 13-1-21 (Section A)

(1) "resident business" means a New Mexico resident business or a New York state business enterprise;
 
(2) "New Mexico resident business" means a business that is authorized to do and is doing business under the laws of this state and:
(a) that maintains its principal place of business in the state;
 
(b) has staffed an office and has paid applicable state taxes for two years prior to the awarding of the bid and has five or more employees who are residents of the state; or
 
(c) is an affiliate of a business that meets the requirements of Subparagraph (a) or (b) of this paragraph. As used in this section, "affiliate" means an entity that directly or indirectly through one or more intermediaries controls, is controlled by or is under common control with the qualifying business through ownership of voting securities representing a majority of the total voting power of the entity;
(3) "New York state business enterprise" means a business enterprise, including a sole proprietorship, partnership or corporation, that offers for sale or lease or other form of exchange, goods or commodities that are substantially manufactured, produced or assembled in New York state, or services, other than construction services, that are substantially performed within New York state. For purposes of construction services, a New York state business enterprise means a business enterprise, including a sole proprietorship, partnership or corporation, that has its principal place of business in New York state;
 
(4) "resident manufacturer" means a person who offers materials grown, produced, processed or manufactured wholly in the state; provided, however, that a New York state business enterprise shall be deemed to be a resident manufacturer solely for the purpose of evaluating the New York state business enterprise's bid against the bid of a resident manufacturer that is not a New York state business enterprise.
 
(5)  "recycled content goods" means supplies and materials composed in whole or in part of
recycled materials; provided that the recycled materials content meets or exceeds the minimum
content standards required by bid specifications; and
 
(6)  "virgin content goods" means supplies and materials that are wholly composed of
non-recycled materials or do not meet minimum recycled content standards required by bid specification.

Application of Preferences

Procurement Statute 13-1-21 (Sections B-L)

New Mexico law provides certain statutory preferences to resident businesses, resident veteran businesses, resident contractors and resident veteran contractors as well as for recycled content goods. These preferences must be applied in regard to invitations for bids and requests for proposals in accordance with statute in determining the lowest bidder or offeror.

​Certification

Procurement Statute 13-1-22

A business must be pre-certified as "resident firm" before being given a preference. The preference applies to state, county and political subdivisions for commodities, services, and construction. A bidder must claim manufacturer preference on bid document.

Link to Statutes

For more detailed information regarding New Mexico Procurement Statutes, click on the following link:

Procurement Statutes Section 13