SENATE BILL 555
48th legislature - STATE OF NEW MEXICO - first session, 2007
INTRODUCED BY
Phil A. Griego
AN ACT
RELATING TO PROCUREMENT; PROVIDING FOR THE USE OF MULTIPLE SOURCE CONTRACTS FOR CERTAIN PROJECTS; CHANGING THE DEFINITION OF "STATE PUBLIC WORKS PROJECTS"; CHANGING THE APPROVAL PROCESS FOR PROPERTY CONTROL DIVISION CONTRACTS OF LESS THAN FIVE HUNDRED THOUSAND DOLLARS ($500,000).
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF NEW MEXICO:
Section 1. A new section of the Procurement Code is enacted to read:
"[NEW MATERIAL] MULTIPLE SOURCE CONTRACTS--ARCHITECTURAL AND DESIGN SERVICE CONTRACTS--INDEFINITE QUANTITY CONSTRUCTION CONTRACTS.--
A. A central purchasing office may procure multiple architectural or engineering design service contracts for multiple projects under a single qualifications-based request for proposals, provided the total amount of a contract and all renewals does not exceed two hundred thousand dollars ($200,000) over four years.
B. A central purchasing office may procure multiple indefinite quantity construction contracts pursuant to a price agreement for multiple projects under a single request for proposals, provided 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 central purchasing office may make procurements in accordance with the provision 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 services or construction shall have a term not exceeding four years, including all extensions and renewals;
(4) a contract shall not be awarded pursuant to this section to a firm that is currently performing under a contract issued pursuant to this section if the total amount of all contracts issued pursuant to this section to that firm would 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 construction services; and (5) the procurement is subject to the limitations of Sections 13-1-150 through 13-1-154 NMSA 1978."
Section 2. Section 15-3B-6 NMSA 1978 (being Laws 1968, Chapter 43, Section 5, as amended) is amended to read:
"15-3B-6. BUILDING AND REMODELING.--The division may do all acts necessary and proper for the redesigning, major renovation and remodeling of present state buildings and the erection of additional state buildings when needed. The division may let contracts for these purposes in accordance with the provisions of the Procurement Code. All such remodeling, major renovation and construction must [first] be approved by the state board of finance. Contracts costing more than five hundred thousand dollars ($500,000), not including gross receipts tax, must first be approved by the state board of finance. All other contracts shall be reported to the state board of finance at its next regularly scheduled meeting after the contract is fully executed. This section applies only to state buildings under the division's jurisdiction."
Section 3. Section 13-1-91 NMSA 1978 (being Laws 1984, Chapter 65, Section 64, as amended) is amended to read:
"13-1-91. DEFINITION--STATE PUBLIC WORKS PROJECT.--"State public works project" means a project of a state agency, not including projects of the state educational institutions, the supreme court building commission, the legislature or local public bodies, [which] that uses architectural or engineering services requiring professional services costing [twenty-five thousand dollars ($25,000)] fifty thousand dollars ($50,000) or more or landscape architectural or surveying services requiring professional services costing five thousand dollars ($5,000) or more, excluding applicable state and local gross receipts taxes."
Section 4. Section 13-1-153 NMSA 1978 (being Laws 1984, Chapter 65, Section 126) is amended to read:
"13-1-153. MULTIPLE SOURCE AWARD--LIMITATIONS ON USE.--A multiple source award may be made pursuant to Section [83 of the Procurement Code] 13-1-110 NMSA 1978 or Section 1 of this 2007 act when awards to two or more bidders or offerors are necessary for adequate delivery or service. Multiple source awards shall not be made when a single award will meet the needs of the state agency or a local public body without sacrifice of economy or service. Awards shall be limited to the least number of suppliers in one geographical area necessary to meet the requirements of the state agency or a local public body. A multiple source award shall be based upon the lowest responsible bid or proposal received in each geographical area unless the award is made in response to a qualifications-based proposal."
Section 5. EFFECTIVE DATE.--The effective date of the provisions of this act is July 1, 2007.
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