How the Procurement Process Works
An Overview of the Process
The information provided here describes, in simplified form, the procurement process used by the City of Albuquerque. The process typically begins with the development of a requisition by the End User Department and ends with the acceptance of the goods and/or services by the End User Department.
Procurement Based on Public Purchasing Ordinance
The Public Purchases Ordinance is the governing document for the procurement of goods and services for the City of Albuquerque. The Ordinance is specific in describing the method of purchase throughout a wide dollar value range.
All procurements shall be made by competitive sealed bids as provided in § 5-5-28 of the Public Purchases Ordinance, except purchases made through the following procurement methodologies. View the Purchasing Ordinance:
- § 5-5-11, Capital Projects;
- § 5-5-26, Small Purchases;
- § 5-5-27, Purchases by Quotation;
- § 5-5-29, Purchases of Professional/ Technical Services;
- § 5-5-30, Competitive Sealed Proposals;
- § 5-5-32, Sole Source Purchases;
- § 5-5-33, Purchasing from Government Contracts;
- § 5-5-34, Rapid Procurement;
- § 5-5-35, Emergency Purchases;
- § 5-5-36, Insurance Related Purchases;
- § 5-5-37, Purchases of Appraisal Services;
- § 5-5-38, Purchases of Attorney Services;
- § 5-5-39, Purchases of Social Services;
- § 5-5-40, Intergovernmental Agreements;
- § 5-5-41, Purchases of Software Licenses and Software Subscriptions;
- § 5-5-20, Exempt Purchases.
Pay Equity Initiative
Bids & Proposals
All bids or proposals shall include a completed Pay Equity Reporting Form which can be accessed on the Gender Pay Equity Initiative Form & Instructions webpage.
Any bid or proposal that does not include a completed Pay Equity Reporting Form or a statement of certifying exempt status shall be deemed non-responsive.
Taxes
Each offeror submitting an offer is solely responsible for determining the state, federal, or local taxes applicable to the offeror as well as how to consider such taxes in formulating their offers.
All offers and invoices, unless the solicitation specifies otherwise, will be inclusive of all applicable taxes as determined by the offeror.
The City will not be responsible for taxes not included in offers or invoices submitted.
Any questions about applicable taxes should be directed to the New Mexico Department of Taxation and Revenue or the offeror's Certified Public Accountant. The City cannot provide opinions relating to applicable tax or tax rates.
Inspection of Goods & Services
All goods and/or services provided to the City are subject to inspection prior to acceptance. If any items or articles are found not to meet requirements of the specifications, the lot or any faulty portion may be rejected with any associated cost to the City being borne by the vendor. Additional remedies available to the City for vendor non-compliance include but are not limited to debarment or suspension, execution on bonds if applicable and contract cancellation. When the goods have been accepted, City Departments will enter a Receipt ID number in the financial system. This will help facilitate payment of invoices sent to the City for processing.
Insurance Requirements
The City's Risk Management Department has determined that standard insurance requirements include general liability and automobile liability naming the City as an additional insured, and workers' compensation coverage. The levels and types of insurance coverage will vary depending on the good or service provided.
Bonds
In those instances where a solicitation requires a bid bond, it is required that the offeror submit the bid bond in the amount specified with its offer.
Performance bonds, when required, are due after notification of award (due date established in the notification). Failure to submit a performance bond as required will disqualify the vendor for the award of the contract.
All bonds required will be in the form of a surety issued by a firm properly licensed to do business in the State of New Mexico in the form approved by the City. Cashier's checks, letters of credit, cash, or personal checks are not acceptable. Offers which do not comply with this requirement will be rejected.
Ethical Conduct
- Conflict of Interest. It shall be unlawful for any vendor that knowingly has a conflict of interest, which conflict of interest would allow it an unfair advantage in a competitive process, or would prevent it's being able to perform fully and objectively under a contract with the City, to make an offer to the City or enter into a contract with the City.
- Prohibition of unfair advancement of private financial interest by any vendor. It shall be unlawful for any director, officer, or employee of a vendor; or any other individual or vendor by virtue of a personal or corporate relationship with the City to use confidential or insider information concerning the property, government, or affairs of the governmental body by which that person or corporation entity possesses a confidential relationship, for the purpose of real or potential advancement of private interest.
- Disclosure. Every vendor, the directors, officers, and key employees of that vendor who has an existing or potential financial interest or who has an immediate family member who has a presently existing or potential financial interest in any contract or other matter existing or pending before or within the governmental body of which that vendor is affiliated with, shall disclose that interest in writing to the City Clerk and to the End User Department Director with whom that vendor is negotiating, immediately upon knowing that such a conflict exists or upon having knowledge that a conflict may potentially come into being.
- Enforcement. In each instance in which a vendor knowingly uses confidential or inside information for unfair advancement of private interest, or fails to disclose real or potential financial conflict with the City, the City shall, if the offending party is a vendor or person affiliated with that vendor, cease all negotiations and contractual relationships with the offending party.
- Gratuities. It shall be unlawful for any vendor to offer, give, or agree to give any employee or former employee, a gratuity or an offer of employment in connection with any decision, approval, disapproval, recommendation, preparation or any part of a program requirement or a purchase request, influencing the content of any specification or procurement standard, rendering of advice, investigation, auditing, or in any other advisory capacity in any proceeding or application, request for ruling, determination, claim or controversy, or other particular matter, pertaining to any program requirement or a contract or subcontract, or to any solicitation or proposal therefor.
- Prohibition against contingent fees. It shall be unlawful for a person to be retained, or to retain a person, to solicit or secure a City contract upon an agreement or understanding for a commission, percentage, brokerage, or contingent fee, except for retention of bona fide employees or bona fide established commercial selling agencies for the purpose of securing business.
- Contemporaneous employment prohibited. Except as provided in the Ordinance, it shall be unlawful for any employee who is participating directly or indirectly in the procurement process to become or to be, while such an employee, the employee of any person contracting with the governmental body by whom the employee is employed.
Noncompliance, Debarment & Suspension
Vendors are required to provide goods meeting specifications and timely and professional services. The City shall take corrective actions in the form of issuance of noncompliance in those instances where it has been determined that the performance of vendors is not in accordance with contractual commitments.
The Chief Procurement Officer shall have the authority to recommend to the Mayor that a business that is found to have engaged in unsatisfactory performance or improper conduct be suspended or debarred from consideration for award of contracts from the City.
Capital Implementation Program Division
The Capital Implementation Program (CIP) Division is charged with the responsibility to implement City plans and policies for capital facilities, structures, and nonstructural improvements. An integral part of this responsibility includes contracting for all major construction and architectural and engineering services.
All major construction projects are advertised and subsequently awarded based on a competitive bid basis. Professional service contracts for architectural or engineering services are awarded based on negotiations with selection criteria focusing on need versus qualifications.
Minor construction, including minor renovations and pre-fabricated structures, although normally handled by the CIP Division, may be handled by the Purchasing Division in which case the City bid list will be utilized.
Questions regarding the Capital Implementation Program are to be directed to the CIP Division, P.O. Box 1293, Albuquerque, New Mexico 87102 or calling 505-768-3830. You are welcome to visit the CIP Division located at City/County Government Center, One Civic Plaza, 7th Floor.
Accounting & Payments
The Accounting Division, Department of Finance and Administrative Services, as a part of its accounting management function, is charged with the responsibility of processing all invoices from vendors for purchases made by the City.
It is the objective of the Accounting Division to process the invoice for payment within ten (10) working days after receipt of all necessary documentation. However, it must be noted that final payment processing is dependent on City Departments to competing the payment process. Invoices that reference a Purchase Order related to services must be approved by the appropriate Department. Invoices that reference a Purchase Order related to goods must match to a Receipt ID number in the City's financial system. Receipt IDs are an acknowledgment by the Department that the goods are satisfactory and have been accepted.
Documentation required prior to processing an invoice is as follows:
- Purchase Order (PO) issued by the Purchasing Division or a Purchase Order Release (POR) issued by a City Department. A PO is generally for a one-time purchase. A POR is a purchase issued off of an existing Procurement Contract with the City. PORs are generally issued when there will be multiple orders against a Procurement Contract. In either scenario, the Order document must have an authorized signature approving the purchase. Goods should not be sent nor should services be provided without an authorized Purchase Order. Failure to comply could result in non-payment for goods or services.
- Original invoice from the vendor (invoices are audited to ensure completeness and accuracy). If the invoice is submitted through Transcepta, then the electronic copy and accompanying electronic backup documentation is acceptable.
- Payment authorization from the receiving End User Department. Payment authorization is in the form of acceptance (Receipt ID) or approval of the invoice.
To assist in faster processing, vendors shall submit their invoices through the City's electronic invoice service provider, Transcepta, immediately following the delivery of goods or services. Sending invoices to Transcepta is free to use. If the vendor is not enrolled, please follow the enrollment instructions on Transcepta's website.
If the vendor does not send invoices through Transcepta, paper invoices should be sent to Central Accounts Payable at:
City Of Albuquerque Accounts Payable
P.O. Box 1985
Albuquerque, NM 87103
Please note, sending paper invoices could also delay processing time. The City encourages vendors to sign up and send their invoices through Transcepta. This will allow for quicker processing and the ability to track the status of a payment.
Invoices should not be sent directly to City Departments. Sending invoices to City Departments will heavily delay processing and payment time. The Invoice must reference the appropriate Purchase Order or Purchase Order Release number, itemized quantities, description of goods and/or services unit prices and total price. Inquiries regarding payment status should be directed to the Accounts Payable Supervisor 505-768-3425. Inquiry should be initiated by the vendor if payment has not been received within thirty (30) days after delivery to the City of goods and/or services.
The City's preferred method of payment is through the use of its Visa Corporate Credit Card (AP Control) Program administered by its merchant bank Wells Fargo. Enrolled vendors would receive an email directly from Wells Fargo with instructions on how to retrieve payment.