0001| AN ACT | 0002| AMENDING SECTION 13-1-21 NMSA 1978 (BEING LAWS 1979, CHAPTER 72, | 0003| SECTION 1, AS AMENDED BY LAWS 1997, CHAPTER 1, SECTION 2 AND ALSO BY | 0004| LAWS 1997, CHAPTER 2, SECTION 2) TO CORRECT AN ERROR; DECLARING AN | 0005| EMERGENCY. | 0006| | 0007| BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF NEW MEXICO: | 0008| Section 1. Section 13-1-21 NMSA 1978 (being Laws 1979, Chapter | 0009| 72, Section 1, as amended by Laws 1997, Chapter 1, Section 2 and also | 0010| by Laws 1997, Chapter 2, Section 2) is amended to read: | 0011| "13-1-21. APPLICATION OF PREFERENCES.-- | 0012| A. For the purposes of this section: | 0013| (1) "resident business" means a New Mexico resident | 0014| business or a New York state business enterprise; | 0015| (2) "New Mexico resident business" means a business | 0016| that is authorized to do and is doing business under the laws of this | 0017| state and: | 0018| (a) that maintains its principal place of | 0019| business in the state; | 0020| (b) has staffed an office and has paid | 0021| applicable state taxes for two years prior to the awarding of the bid | 0022| and has five or more employees who are residents of the state; or | 0023| (c) is an affiliate of a business that meets the | 0024| requirements of Subparagraph (a) or (b) of this paragraph. As used in | 0025| this section, "affiliate" means an entity that directly or indirectly | 0001| through one or more intermediaries controls, is controlled by or is | 0002| under common control with the qualifying business through ownership of | 0003| voting securities representing a majority of the total voting power of | 0004| the entity; | 0005| (3) "New York state business enterprise" means a | 0006| business enterprise, including a sole proprietorship, partnership or | 0007| corporation, that offers for sale or lease or other form of exchange, | 0008| goods or commodities that are substantially manufactured, produced or | 0009| assembled in New York state, or services, other than construction | 0010| services, that are substantially performed within New York state. For | 0011| purposes of construction services, a New York state business | 0012| enterprise means a business enterprise, including a sole | 0013| proprietorship, partnership or corporation, that has its principal | 0014| place of business in New York state; | 0015| (4) "resident manufacturer" means a person who offers | 0016| materials grown, produced, processed or manufactured wholly in the | 0017| state; provided, however, that a | 0018| New York state business enterprise shall be deemed to be a resident | 0019| manufacturer solely for the purpose of evaluating the New York state | 0020| business enterprise's bid against the bid of a resident manufacturer | 0021| that is not a New York state business enterprise; | 0022| (5) "recycled content goods" means supplies and | 0023| materials composed in whole or in part of recycled materials; provided | 0024| that the recycled materials content meets or exceeds the minimum | 0025| content standards required by bid specifications; and | 0001| (6) "virgin content goods" means supplies and | 0002| materials that are wholly composed of nonrecycled materials or do not | 0003| meet minimum recycled content standards required by bid specification. | 0004| B. When bids are received only from nonresident businesses | 0005| and resident businesses and the lowest responsible bid is from a | 0006| nonresident business, the contract shall be awarded to the resident | 0007| business whose bid is nearest to the bid price of the otherwise low | 0008| nonresident business bidder if the bid price of the resident bidder is | 0009| made lower than the bid price of the nonresident business when | 0010| multiplied by a factor of .95. | 0011| C. When bids are received only from nonresident businesses | 0012| and resident manufacturers and the lowest responsible bid is from a | 0013| nonresident business, the contract shall be awarded to the resident | 0014| manufacturer whose bid is nearest to the bid price of the otherwise | 0015| low nonresident business bidder if the bid price of the resident | 0016| manufacturer is made lower than the bid price of the nonresident | 0017| business when multiplied by a factor of .95. | 0018| D. When bids are received only from resident businesses and | 0019| resident manufacturers and the lowest responsible bid is from a | 0020| resident business, the contract shall be awarded to the resident | 0021| manufacturer whose bid is nearest to the bid price of the otherwise | 0022| low resident business bidder if the bid price of the resident | 0023| manufacturer is made lower than the bid price of the resident business | 0024| when multiplied by a factor of .95. | 0025| E. When bids are received from resident manufacturers, | 0001| resident businesses and nonresident businesses and the lowest | 0002| responsible bid is from a resident business, the contract shall be | 0003| awarded to the resident manufacturer whose bid is nearest to the bid | 0004| price of the otherwise low resident business bidder if the bid price | 0005| of the resident manufacturer is made lower than the bid price of the | 0006| resident business when multiplied by a factor of .95. | 0007| F. When bids are received from resident manufacturers, | 0008| resident businesses and nonresident businesses and the lowest | 0009| responsible bid is from a nonresident business, the contract shall be | 0010| awarded to the resident manufacturer whose bid is nearest to the bid | 0011| price of the otherwise low nonresident business bidder if the bid | 0012| price of the resident manufacturer is evaluated as lower than the bid | 0013| price of the nonresident business when multiplied by a factor of .95. | 0014| If there is no resident manufacturer eligible for award under this | 0015| provision, then the contract shall be awarded to the resident business | 0016| whose bid is nearest to the bid price of the otherwise low nonresident | 0017| business bidder if the bid price of the resident business is made | 0018| lower than the bid price of the nonresident business when multiplied | 0019| by a factor of .95. | 0020| G. When bids are received for virgin content goods only or | 0021| for recycled content goods only, Subsections B through F of this | 0022| section shall apply. | 0023| H. When bids are received for both recycled content goods | 0024| and virgin content goods and the lowest responsible bid is for virgin | 0025| content goods, the contract shall be awarded to: | 0001| (1) a resident manufacturer offering the lowest bid | 0002| on recycled content goods of equal quality if the bid price of the | 0003| resident manufacturer when multiplied by a factor of .90 is made lower | 0004| than the otherwise low virgin content goods bid price; | 0005| (2) a resident business offering a bid on recycled | 0006| content goods of equal quality if: | 0007| (a) the bid price of no resident manufacturer | 0008| following application of the preference allowed in Paragraph (1) of | 0009| this subsection can be made sufficiently low; and | 0010| (b) the lowest bid price of the resident | 0011| business when multiplied by a factor of .90 is made lower than the | 0012| otherwise low virgin content goods bid price; or | 0013| (3) a nonresident business or nonresident | 0014| manufacturer offering recycled content goods of equal quality if: | 0015| (a) the bid price of no resident business or | 0016| resident manufacturer following application of the preference allowed | 0017| in Paragraph (1) or (2) of this subsection can be made sufficiently | 0018| low; and | 0019| (b) the lowest bid price of a nonresident | 0020| offering recycled content goods when multiplied by a factor of .95 is | 0021| made lower than the otherwise low virgin content bid price. | 0022| I. When bids are received for both recycled content goods | 0023| and virgin content goods, and the lowest responsible bid is for | 0024| recycled content goods offered by a nonresident business or | 0025| nonresident manufacturer, the contract shall be awarded to: | 0001| (1) a resident manufacturer offering the lowest bid | 0002| on recycled content goods of equal quality if the bid price of the | 0003| resident manufacturer when multiplied by a factor of .95 is made lower | 0004| than the otherwise low recycled content goods bid price; or | 0005| (2) a resident business offering a bid on recycled | 0006| content goods of equal quality if: | 0007| (a) the bid price of no resident manufacturer | 0008| following application of the preference allowed in Paragraph (1) of | 0009| this subsection can be made sufficiently low; and | 0010| (b) the lowest bid price of the resident | 0011| business when multiplied by a factor of .95 is made lower than the | 0012| otherwise low recycled content goods bid price offered by a | 0013| nonresident business or manufacturer. | 0014| J. When bids are received for both recycled content goods | 0015| and virgin content goods, and the lowest responsible bid is for | 0016| recycled content goods offered by a resident business, the contract | 0017| shall be awarded to a resident manufacturer offering the lowest bid on | 0018| recycled content goods of equal quality if the bid price of the | 0019| resident manufacturer when multiplied by a factor of .95 is made lower | 0020| than the otherwise low recycled content goods bid price. | 0021| K. This section shall not apply when the expenditure of | 0022| federal funds designated for a specific purchase is involved or for | 0023| any bid price greater than five million dollars ($5,000,000)." | 0024| Section 2. SEVERABILITY.--If any part or application of this act | 0025| is held invalid, the remainder or its application to other situations | 0001| or persons shall not be affected. | 0002| Section 3. EMERGENCY.--It is necessary for the public | 0003| peace, health and safety that this act take effect immediately. | 0004| |