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2008 New Mexico Attorney General Reports and Opinions 1 (2008)

handle is hein.sag/sagnm0008 and id is 1 raw text is: Attorney General of New Mexico GARY K. KING ALBERT J. LAMA Attorney General Chief Deputy Attorney General January 3, 2008 The Honorable Daniel P. Silva New Mexico State Representative 1323 Canyon Trail SW Albuquerque, NM 87121 Re: Opinion Request - Procurement by the Albuquerque-Bernalillo County Water Utility Authority This 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 -1 0(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 Santa Fe, New Mexico 87504 (505) 827-6000 Fax (505) 827-5826 P.O. Drawer 1508

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