CITY of ALBUQUERQUE
TWENTY SEVENTH COUNCIL
COUNCIL BILL NO. O-26-45 ENACTMENT NO. ________________________
SPONSORED BY: Tammy Fiebelkorn, Dan Champine and Stephanie W. Telles
ORDINANCE
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Amending Section 5-5-9 Of The Public Purchases Ordinance To Update The General Procurement Requirements And Require All Purchases To Comply With The City’s Rules And Policies Governing Artificial Intelligence (Fiebelkorn, Champine and Telles)
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AMENDING SECTION 5-5-9 OF THE PUBLIC PURCHASES ORDINANCE TO UPDATE THE GENERAL PROCUREMENT REQUIREMENTS AND REQUIRE ALL PURCHASES TO COMPLY WITH THE CITY’S RULES AND POLICIES GOVERNING ARTIFICIAL INTELLIGENCE.
BE IT ORDAINED BY THE COUNCIL, THE GOVERNING BODY OF THE CITY OF ALBUQUERQUE:
SECTION 1. ROA 1994, Section 5-5-9 of the Public Purchases Ordinance is hereby amended as follows:
§ 5-5-9. PROCUREMENT REQUIREMENTS.
(A) General. All city purchasing shall be made by competitive sealed bids as provided in § 5-5-28 of this article, except purchases made through the following procurement methodologies or methodologies approved by the Chief Procurement Officer and determined in writing to be in the best interest of the City.
(1) § 5-5-10(B), Rejection of Offers; no responsive offers received;
(2) § 5-5-11, Capital Projects;
(3) § 5-5-18, Request for qualifications;
(4) § 5-5-20, Exemptions;
(5) § 5-5-26, Small Purchases;
(6) § 5-5-27, Request for Quotes;
(7) § 5-5-29, Purchases of Professional/Technical Services;
(8) § 5-5-30, Competitive Sealed Proposals;
(9) § 5-5-32, Sole Source Purchases;
(10) § 5-5-33, Purchasing from Government Contracts;
(11) § 5-5-34, Rapid Procurement;
(12) § 5-5-35, Emergency Purchases;
(13) § 5-5-36, Insurance Related Purchases;
(14) § 5-5-37, Purchases of Appraisal Services;
(15) § 5-5-38, Purchases of Attorney Services;
(16) § 5-5-39, Purchases of Social Services;
(17) § 5-5-40, Intergovernmental Agreements;
(18) § 5-5-41, Purchases of software licenses and software subscriptions.
(B) Cost plus contracts. The City shall not enter into any contract which is a cost-plus-percentage of cost contract, unless the contract meets the requirements in this article for an emergency purchase.
(C) Purchase splitting prohibited. Separate purchases of the same or similar goods, services or construction, whether from the same or different businesses, within a time frame established by the Chief Procurement Officer, shall be considered a single purchase for purposes of this article.
(D) Federal funding. When a procurement involves the expenditure of federal funds, the procurement shall be conducted in accordance with mandatory applicable federal law and regulations. When mandatory applicable federal law or regulations are inconsistent with the provisions of this article, the City shall comply with the most restrictive requirement.
(E) Artificial Intelligence. All purchases made pursuant to ROA 1994, Section 5-5-9(A) shall comply with City rules and policies governing Artificial Intelligence (AI).
SECTION 2. SEVERABILITY. If any section, paragraph, sentence, clause, word or phrase of this Ordinance is for any reason held to be invalid or unenforceable by any court of competent jurisdiction, such decision shall not affect the validity of the remaining provisions of this Ordinance. The Council hereby declares that it would have passed this Ordinance and each section, paragraph, sentence, clause, word or phrase thereof irrespective of any provision being declared unconstitutional or otherwise invalid.
SECTION 3. COMPILATION. SECTION 1 of this Ordinance amends, is incorporated in, and is to be compiled as part of the Revised Ordinances of Albuquerque, New Mexico, 1994.
SECTION 4. EFFECTIVE DATE. This Ordinance takes effect five days after publication by title and general summary.
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