New Mexico
New Mexico Statutes Annotated §13-1-135, part of the New Mexico Procurement Code, explicitly authorizes cooperative procurement for services, construction, or items of tangible personal property. Cooperative procurement under §13-1-135 is the only authorized way for New Mexico agencies to use another entity's contract — "piggybacking" is not otherwise permitted.
Cooperative Procurement Authorized — New Mexico Procurement Code NMSA §13-1-135
"Any state agency or local public body may either participate in, sponsor or administer a cooperative procurement agreement for the procurement of any services, construction or items of tangible personal property with any other state agency, local public body or external procurement unit in accordance with an agreement entered into and approved by the governing authority of each of the state agencies, local public bodies or external procurement units involved."
— NMSA §13-1-135, Cooperative Procurement Authorized — New Mexico Procurement Code
Plain-language summary
New Mexico's cooperative procurement framework is notable for both what it allows and what it explicitly forbids. Under NMSA §13-1-135(A), any state agency or local public body may enter into a formal cooperative procurement agreement with another state agency, local public body, or external procurement unit (which includes federal agencies and out-of-state public agencies) for the procurement of services, construction, or tangible personal property. The agreement must clearly specify its purpose and the method by which the purpose will be accomplished, and must be filed with the state purchasing agent. Critically, New Mexico's administrative rules (NMAC 1.4.1.65) prohibit informal "piggybacking" — purchases under contracts developed through a formal cooperative procurement agreement are permitted, but a state agency cannot simply use another agency's contract without the cooperative procurement framework. The cooperative procurement agreement is the legal mechanism that distinguishes permitted cooperative use from prohibited piggybacking.
Key requirements
- →A formal cooperative procurement agreement must be entered into and approved by the governing authority of each participating entity.
- →The agreement must clearly specify its purpose and the method by which the purpose will be accomplished.
- →An approved and signed copy must be filed with the state purchasing agent.
- →Any power exercised under the agreement is limited to the central purchasing authority common to the contracting parties.
- →Cooperative agreements involving mutually held funds (or property covered by §11-1-4 NMSA 1978) must be entered into under the Joint Powers Agreements Act (§§11-1-1 through 11-1-7).
- →Informal "piggybacking" (using another agency's contract without a formal cooperative procurement agreement) is NOT permitted under the New Mexico Procurement Code (per NMAC 1.4.1.65).
- →Annual reporting of cooperative procurement agreements to the state purchasing agent is required (NMSA §13-1-136).
Construction services
New Mexico's cooperative procurement statute explicitly includes "construction" alongside services and tangible personal property — NMSA §13-1-135(A) names it directly. This makes New Mexico one of the more construction-friendly states for cooperative procurement, but the prohibition on informal piggybacking is critical. To use an out-of-state national cooperative purchasing contract (such as OMNIA Partners or Region 14 ESC Texas) for construction services in New Mexico, the New Mexico agency must enter into a formal cooperative procurement agreement that satisfies §13-1-135's requirements — not simply rely on the cooperative's general availability to participating entities. The agreement must be in writing, approved by governing authorities, and filed with the state purchasing agent.
How New Mexico agencies access our contracts.
LNC holds multiple cooperative purchasing contracts through OMNIA Partners and Region 14 ESC Texas, all of which are available to public agencies in New Mexico under NMSA §13-1-135.
Your agency can use our contracts to procure construction services through certified Affiliate Vendors. Every Affiliate proposal is audited and certified by LNC before reaching you.
Talk to LNC About Your Project →This summary is provided for general informational purposes only and is not legal advice. New Mexico's procurement code may have been amended since this content was prepared. Confirm the current text of NMSA §13-1-135 and consult your jurisdiction's legal counsel before relying on this authority for a specific procurement.