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NEW MEXICO STATUTES AND CODES

Section 3-33-19 - Notice of bid; acceptance of bid.

3-33-19. Notice of bid; acceptance of bid.

A.     After the governing body creates an improvement district, the governing body may proceed as authorized in Section 3-33-17 or 3-33-18 NMSA 1978, or call for sealed bids on the proposed improvement. The notice of the call for bids shall be made in accordance with the provisions of Section 13-1-11 NMSA 1978 [repealed].   

B.     After advertising for bids, the municipality may make minor alterations or changes in the plans and specifications to correct errors or omissions in the original plans and specifications.   

C.     The governing body shall award the contract to the lowest responsible bidder unless the governing body:   

(1)     elects to construct the improvement as authorized in Section 3-33-17 or 3-33-18 NMSA 1978; or   

(2)     rejects all bids submitted for the construction of the improvement. Such bids shall be rejected in the following manner:   

(a)     if less than three bids are received, the purchase may be made without bids at the best documented obtainable price; or   

(b)     if three or more bids are received, the municipality may reject any or all bids but shall readvertise and accept new bids; and   

(c)     if no new bids are received or if all new bids are rejected, the rejection shall be accompanied by a written statement of the governing body declaring the reasons for such rejection and the municipality may then purchase the required items on the open market at the best documented price.   

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