All executive branch state agencies.

1. A. Except as otherwise provided in the Procurement Code, Sections 13-1-28 through 13-1-199 NMSA 1978, the code applies to every expenditure by state agencies and local public bodies for the procurement of items of tangible personal property, services and construction.

2. B. General: Except as otherwise provided in this section, this rule applies to every agency and to every transaction to which the Procurement Code applies except the following:

   1. (1) procurement of highway construction or reconstruction by the department of transportation;
   2. (2) procurement by the judicial branch of state government;
   3. (3) procurement by the legislative branch of state government;
   4. (4) procurement by the boards of regents of state educational institutions named in Article 12 Section 11 of the constitution of New Mexico;
   5. (5) procurement by the state fair commission of tangible personal property, services and construction under twenty thousand dollars ($20,000);
   6. (6) purchases from the instructional material fund;
   7. (7) procurement by all local public bodies;
   8. (8) procurement by regional education cooperatives;
   9. (9) procurement by charter schools;
   10. (10) procurement by each state health care institution that provides direct patient care and that is, or a part of which is, medicaid certified and participating in the New Mexico medicaid program; and
   11. (11) procurement by the public school facilities authority.

[1.4.1.2 NMAC - Rp, 1.4.1.2 NMAC, 6/21/2022]