N.M. Admin. Code § 6.75.2.11

Current through Register Vol. 35, No. 24, December 23, 2024

Section 6.75.2.11 - CONTRACTS WITH PROVIDERS

A. In accordance with law, the department may enter into contracts with providers that will provide for the purchase of adopted instructional material by LEAs.

B. Contracts with providers may last for a period of six years, unless the department determines that an Adopted contract is necessary.

C. The department shall only enter into a contract when the provider agrees to:

(1) facilitate the distribution of adopted instructional material to LEAs;

(2) keep sufficient stock of adopted instructional material at the designated depository;

(3) ensure timely delivery of instructional material according to the schedule determined by the department;

(4) pay late fees for any delays in delivery according to a schedule determined by the department;

(5) bill the appropriate LEA for instructional material ordered;

(6) ensure that all instructional material adopted and sold under the contract conforms to the requirements of the Federal Consumer Product Safety Improvement Act;

(7) submit adopted instructional material to the national instructional material accessibility center repository at the American printing house for the blind at no additional cost and in accordance with applicable law; and

(8) maintain copies of all billings generated under the contract for three years after the termination or expiration of the contract or after any court proceedings involving the contract.

D. The department may grant exemption from the contracting process or may approve an alternative contract for:

(1) OER, OSC, or any instructional material for which there is not a provider, vendor, or agent to fulfill the requirements outlined in the RfA; or

(2) instructional material developed by a school or LEA.

N.M. Admin. Code § 6.75.2.11

6.75.2.11 NMAC - Rp, 6.75.2.10 NMAC, 10/15/10, Adopted by New Mexico Register, Volume XXVII, Issue 23, December 15, 2016, eff. 12/15/2016, Adopted by New Mexico Register, Volume XXIX, Issue 23, December 11, 2018, eff. 12/11/2018