HOUSE BILL 455

48th legislature - STATE OF NEW MEXICO - first session, 2007

INTRODUCED BY

Rick Miera

AN ACT

RELATING TO PROCUREMENT; REQUIRING BIDDERS FOR PUBLIC WORKS CONSTRUCTION PROJECTS FOR SCHOOL DISTRICTS AND SCHOOL BOARDS TO SUBMIT PROOF WITH COMPETITIVE QUALIFICATIONS-BASED PROPOSALS OF THE PROVISION OF MINIMUM WAGES AND FAMILY HEALTH CARE AND OF THE REQUIREMENT OF DRUG AND BACKGROUND CHECKS WITH RESPECT TO EMPLOYEES OF THE BIDDER AND ITS SUBCONTRACTORS; DECLARING AN EMERGENCY.

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

     Section 1. Section 13-1-111 NMSA 1978 (being Laws 1984, Chapter 65, Section 84, as amended) is amended to read:

     "13-1-111. COMPETITIVE SEALED PROPOSALS--CONDITIONS FOR USE.-- 

          A. Except as provided in Subsection G of Section

13-1-119.1 NMSA 1978, when a state agency or a local public body is procuring professional services or a design and build project delivery system, or when the state purchasing agent, a central purchasing office or a designee of either officer makes a written determination that the use of competitive sealed bidding for items of tangible personal property or services is either not practicable or not advantageous to the state agency or a local public body, a procurement shall be effected by competitive sealed proposals.

          B. Competitive sealed proposals may also be used for contracts for construction and facility maintenance, service and repairs.

          C. Competitive qualifications-based proposals shall be used for procurement of professional services of architects, engineers, landscape architects, construction managers and surveyors who submit proposals pursuant to Sections 13-1-120 through 13-1-124 NMSA 1978.

          D. A bidder for a public works construction project for a school district or a local school board that submits a competitive qualifications-based proposal to that school district or local school board shall submit with that proposal:

                (1) proof that the bidder:

                     (a) provides wages to its employees in accordance with the Public Works Minimum Wage Act;

                     (b) provides family health care to its employees; and

                     (c) legally and contractually requires its employees to submit to drug and background tests as a condition of employment; and

                (2) proof that each subcontractor under contract to the bidder that will perform work or labor or render service to the bidder for that public works construction project:

                     (a) provides wages to that subcontractor's employees in accordance with the Public Works Minimum Wage Act;

                     (b) provides family health care to that subcontractor's employees; and

                     (c) legally and contractually requires that subcontractor's employees to submit to drug and background tests as a condition of employment.

          [D.] E. Competitive sealed proposals shall also be used for contracts for the design and installation of measures, the primary purpose of which is to conserve natural resources, including guaranteed utility savings contracts entered into pursuant to the Public Facility Energy Efficiency and Water Conservation Act.

          [E.] F. The governor shall appoint an advisory committee to provide assistance in development of rules for the implementation of this section. The advisory committee shall include one representative from the New Mexico building and construction trades council, American federation of labor and congress for industrial organizations, and a representative of:

                (1) the associated general contractors - New Mexico building branch;

                (2) the New Mexico chapter of the national electrical contractors association;

                (3) the New Mexico sheet metal contractors association;

                (4) the mechanical contractors association of New Mexico;

                (5) the New Mexico association of counties;

                (6) the New Mexico municipal league;

                (7) the public education department;

                (8) the construction industries commission;

                (9) the Rio Grande underground contractors association;

(10) the American subcontractors association

of New Mexico;

                (11) the higher education community; and

                (12) the general public, who is not associated with the construction industry and who will serve as chair of the committee."

     Section 2. EMERGENCY.--It is necessary for the public peace, health and safety that this act take effect immediately.

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