IAL 010308.

Case DateJanuary 03, 2008
CourtNew Mexico
New Mexico Attorney Gen eral Opinions 2008. IAL 010308. January 3, 2008IAL 010308The Honorable Daniel P. SilvaNew Mexico State Representative 1323 Canyon Trail SW Albuquerque, NM 87121 Re: Opinion Request - Procurement by the Albuquerque-Bernalillo County Water Utility AuthorityThis office has completed its review of the questions raised in your July 5, 2007 opinion request to Attorney General Gary K. King concerning the Albuquerque-Bernalillo County Water Utility Authority's (the "Authority") procurement of goods and services. More specifically, you have asked:
1. Does the language of Section 72-1-10(B)(3) (2003) authorizing the Authority to use city or county procurement processes mean that the City of Albuquerque (the "City") may procure goods and services for the Authority in accordance with the City's Purchasing Ordinance ("CPO"), adopted under the City's home rule charter?
2. If Section 72-1-10(B)(3) does not permit the Authority to procure goods and services in accordance with the CPO, does Section 13-1-135(A) (1999) permit the Authority and the City to enter into a cooperative purchasing agreement ("CPA") that would permit the City to procure goods and services for the Authority?
3. If the Authority and the City may enter into a CPA, does the language of Section 13-1-135(A) mean that the more restrictive provisions of either the Procurement Code or the CPO apply to procurement for the Authority?
4. May the Memorandum of Understanding ("MOU") between the Authority and the City be considered a CPA as that phrase is used in Section 13-1-135(A) (assuming it is properly filed with the state purchasing agent)?
Based on our examination of the relevant constitutional, statutory and case law authorities, and the information available to us at this time, we conclude that Section 72-1-10(B)(3) allows the City to procure goods and services for the Authority in accordance with the CPO. Because we answer your first question in the affirmative, we also conclude that the Authority and the City do not need to enter into cooperative purchasing agreements pursuant to Section 13-1-135(A) in order for the City to procure goods and services for the Authority. The Procurement Code, NMSA 1978, Sections 13-1-21 through 13-1-199 (1984, as amended through 2006) (the "Code"), generally governs public purchasing by both state...

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