HOUSE BILL 319
54th legislature - STATE OF NEW MEXICO - second session, 2020
David M. Gallegos and Sheryl Williams Stapleton and Pete Campos and William H. Payne and Joseph L. Sanchez
RELATING TO PROCUREMENT; REMOVING THE TOTAL AMOUNT LIMIT ON MULTIPLE SOURCE CONTRACTS FOR PROCUREMENT OF ARCHITECTURAL AND ENGINEERING SERVICES AND CONSTRUCTION THAT LOCAL PUBLIC BODIES MAY ENTER INTO AND FOR PURCHASE ORDERS UNDER THOSE CONTRACTS; REQUIRING REPORTING; DECLARING AN EMERGENCY.
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 or local public body may procure multiple architectural or engineering services contracts for multiple projects under a single qualifications-based request for proposals; provided that for a state agency the total amount of multiple contracts and all renewals for a single contractor does not exceed six million dollars ($6,000,000) over four years and that a single contract, including any renewals, does not exceed five hundred thousand dollars ($500,000).
B. A state agency or local public body may procure multiple indefinite quantity construction contracts, giving consideration to qualified local contractors, pursuant to a price agreement for multiple projects under a single request for proposals; provided that for a state agency the total amount of a contract and all renewals does not exceed ten million dollars ($10,000,000) over three years and the contract provides that any one purchase order under the contract may not exceed one million dollars ($1,000,000).
C. A state agency or local public body 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; and
(3) each of the multiple contracts for architectural or engineering services has a term not exceeding four years, or for construction, has a term not exceeding three years, each including all extensions and renewals.
[(4)] D. A state agency may make procurements in accordance with the provisions of Subsection A or B of this section if 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)] (1) six million dollars ($6,000,000) in any four-year period for architectural or engineering services; or
[(b)] (2) ten million dollars ($10,000,000) in any three-year period for construction. [and
(5) The] E. Procurement pursuant to this section is subject to the limitations of Sections 13-1-150 through 13-1-154 NMSA 1978.
F. A state agency or a local public body, not including an agency of the legislative or judicial branch of state government, shall report to the legislative finance committee on an annual basis and to the purchasing division of the general services department on, at minimum, a quarterly basis the aggregate amount of contracts for each contractor and the corresponding amounts to be spent under each multiple source contract pursuant to this section. The general services department may promulgate rules regarding reporting to the department pursuant to this subsection."
SECTION 2. EMERGENCY.--It is necessary for the public peace, health and safety that this act take effect immediately.
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