SENATE BILL 109

52nd legislature - STATE OF NEW MEXICO - second session, 2016

INTRODUCED BY

John C. Ryan

AN ACT

RELATING TO PROCUREMENT; INCREASING THE DOLLAR AMOUNT LIMITS FOR MULTIPLE SOURCE CONTRACTS FOR PROCUREMENT OF CONSTRUCTION SERVICES AND FOR PURCHASE ORDERS UNDER THOSE CONTRACTS.

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, as amended) is amended to read:

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

          A. A state agency may procure multiple architectural or engineering services contracts for multiple projects under a single qualifications-based request for proposals; provided that the total amount of multiple contracts and all renewals for a single contractor does not exceed 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)] twenty million dollars ($20,000,000) over four years and the contract provides that any one purchase order under the contract may not exceed [five hundred thousand dollars ($500,000)] two million dollars ($2,000,000).

          C. A state agency may make procurements in accordance with the 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 architectural or engineering services or construction shall have a term not exceeding four years, including all extensions and renewals;

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

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

                     (b) twenty million dollars ($20,000,000) 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. EFFECTIVE DATE.--The effective date of the provisions of this act is July 1, 2016.

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