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AN ACT

RELATING TO PROCUREMENT; PROVIDING FOR THE USE OF MULTIPLE

SOURCE CONTRACTS FOR CERTAIN PROJECTS; PROVIDING FOR SEPARATE

PRICING OF CERTAIN COMPONENTS IN CERTAIN CIRCUMSTANCES;

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:

"MULTIPLE SOURCE CONTRACTS--ARCHITECTURAL AND DESIGN

SERVICE CONTRACTS--INDEFINITE QUANTITY CONSTRUCTION

CONTRACTS.--

A. A state agency 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 state agency 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

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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 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:

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(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. A new section of the Procurement Code is

enacted to read:

"SPECIFICATION OF CERTAIN COMPONENTS--SEPARATE PRICING

REQUIRED.--Prior to submitting a bid or proposal for a state

public works project, if the state purchasing agent, or a

responsible bidder or responsible offeror determines that

there is only one source for a specific service, construction

or item of tangible personal property that is required in the

specifications, the state purchasing agent, responsible

bidder or responsible offeror may require any bid or offer

submitted by a subcontractor or supplier to price separately

the specific service, construction or item of tangible

personal property."

Section 3. 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

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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 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 4. 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, that uses architectural

or engineering services requiring professional services

costing 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 5. Section 13-1-153 NMSA 1978 (being Laws 1984,

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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

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 6. EFFECTIVE DATE.--The effective date of the

provisions of this act is July 1, 2007.