SENATE BILL 266

51st legislature - STATE OF NEW MEXICO - first session, 2013

INTRODUCED BY

Phil A. Griego

AN ACT

RELATING TO PROCUREMENT; INCREASING THE DOLLAR AMOUNT LIMIT OF MULTIPLE SOURCE CONTRACTS FOR PROCUREMENT OF ARCHITECTURAL OR ENGINEERING SERVICES.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF NEW MEXICO:

     SECTION 1. Section 13-1-154.1 NMSA 1978 (being Laws 2007, Chapter 312, Section 1) is amended to read:

     "13-1-154.1. MULTIPLE SOURCE CONTRACTS--ARCHITECTURAL AND [DESIGN SERVICE] ENGINEERING SERVICES CONTRACTS--INDEFINITE QUANTITY CONSTRUCTION CONTRACTS.--

          A. A state agency may procure multiple architectural or engineering [design service] services contracts for multiple projects under a single qualifications-based request for proposals; provided that the total amount of [a contract] multiple contracts and all renewals for a single contractor does not exceed [two hundred thousand dollars ($200,000)] two million dollars ($2,000,000) over four years and that a single contract, including any renewals, does not exceed five hundred thousand dollars ($500,000).

          B. A state agency may procure multiple indefinite quantity construction contracts pursuant to a price agreement for multiple projects under a single request for proposals, provided that the total amount of a contract and all renewals does not exceed two million dollars ($2,000,000) over four years and the contract provides that any one purchase order under the contract may not exceed five hundred thousand dollars ($500,000).

          C. A state agency may make procurements in accordance with the [provision] provisions of Subsection A or B of this section if:

                (1) the advertisement and request for proposals states that multiple contracts may or will be awarded, states the number of contracts that may or will be awarded and describes the services or construction to be performed under each contract;

                (2) there is a single selection process for all of the multiple contracts, except that for each contract there may be a separate final list and a separate negotiation of contract terms;

                (3) each of the multiple contracts for [professional design] architectural or engineering services or construction shall have a term not exceeding four years, including all extensions and renewals;

                (4) a contract [shall not] to be awarded pursuant to this section to a firm that is currently performing under a contract issued pursuant to this section [if] will not cause the total amount of all contracts issued pursuant to this section to that firm [would] to exceed

                     [(a) two hundred thousand dollars ($200,000) in any four-year period, for architectural or engineering design services; or

                     (b)] two million dollars ($2,000,000) in any four-year period for architectural, engineering or construction services; and

                (5) the procurement is subject to the limitations of Sections 13-1-150 through 13-1-154 NMSA 1978."

     SECTION 2. EFFECTIVE DATE.--The effective date of the provisions of this section is July 1, 2013.

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