0001|                           HOUSE BILL 1256
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0002|     43rd legislature - STATE OF NEW MEXICO - first session, 1997
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0003|                            INTRODUCED BY
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0004|                           JERRY W. SANDEL
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0005|     
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0006|                                   
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0007|     
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0008|                                   
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0009|     
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0010|                                AN ACT
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0011|     RELATING TO PROCUREMENT; AUTHORIZING LOCAL PUBLIC BODIES TO
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0012|     IDENTIFY CERTAIN LOCAL PUBLIC WORKS PROJECTS AS SMALL BUSINESS
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0013|     SET-ASIDE PROJECTS; EXEMPTING THE PROCUREMENT OF ARCHITECTURAL,
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0014|     LANDSCAPE ARCHITECTURAL, ENGINEERING AND SURVEYING CONTRACTS
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0015|     FOR SMALL BUSINESS SET-ASIDE PROJECTS FROM CERTAIN PROVISIONS
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0016|     OF THE PROCUREMENT CODE; AMENDING AND ENACTING SECTIONS OF THE
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0017|     PROCUREMENT CODE.
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0018|     
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0019|     BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF NEW MEXICO:
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0020|          Section 1.  A new section of the Procurement Code is
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0021|     enacted to read:
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0022|          "[<u>NEW MATERIAL</u>]  DEFINITION--SMALL BUSINESS.--"Small
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0023|     business" means a business entity whose average annual dollar
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0024|     volume of business for the most recent three calendar years was
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0025|     less than one million two hundred fifty thousand dollars
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0001|     ($1,250,000)."
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0002|          Section 2.  A new section of the Procurement Code is
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0003|     enacted to read:
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0004|          "[<u>NEW MATERIAL</u>]  LOCAL PUBLIC BODIES--SMALL BUSINESS
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0005|     SET-ASIDE--ARCHITECTURAL, ENGINEERING, LANDSCAPE ARCHITECTURAL
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0006|     AND SURVEYING CONTRACTS.--A local public body may set aside for
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0007|     award solely to small businesses the contracts for
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0008|     architectural, engineering, landscape architectural and survey
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0009|     services for local public works projects.  The local public
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0010|     body may determine the size and type of contracts that qualify
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0011|     for the set-aside.  Projects set aside for small businesses are
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0012|     exempt from the qualifications-based proposal requirements of
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0013|     the Procurement Code."
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0014|          Section 3.  Section 13-1-117.2 NMSA 1978 (being Laws 1989,
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0015|     Chapter 69, Section 10, as amended) is amended to read:
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0016|          "13-1-117.2.  PROCUREMENT OF PROFESSIONAL SERVICES--LOCAL
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0017|     PUBLIC BODIES--PROFESSIONAL TECHNICAL ADVISORY ASSISTANCE.--
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0018|               A.  Any local public body <s>[which]</s> <u>that</u> does not
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0019|     have on staff a licensed professional engineer, surveyor,
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0020|     architect or landscape architect shall have appointed to it, or
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0021|     have the appointment waived by the appropriate New Mexico
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0022|     professional society listed in Subsection D of this section, an
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0023|     individual to serve as a professional technical advisor.  The
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0024|     professional technical advisor shall be a senior member of an
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0025|     architectural, engineering, surveying or landscape
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0001|     architectural business with experience appropriate to the type
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0002|     of local public works project proposed and shall be a resident
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0003|     licensed architect, professional engineer, surveyor or
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0004|     landscape architect in the state who possesses at least ten
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0005|     years of experience in responsible charge as defined in the
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0006|     Architectural Act, the Engineering and Surveying Practice Act
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0007|     or the Landscape Architects Act, respectively.
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0008|               B.  The professional technical advisor to a local
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0009|     public body shall serve as an agent of the local public body
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0010|     and shall be indemnified and held harmless.  He may be
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0011|     reimbursed as provided in the Per Diem and Mileage Act for per
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0012|     diem and mileage in connection with his service as a
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0013|     professional technical advisor and shall receive no other
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0014|     compensation, perquisite or allowance.
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0015|               C.  The duties and responsibilities of the
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0016|     professional technical advisor shall include but may not be
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0017|     limited to the following activities:
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0018|                    (1)  advise the local public body in the
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0019|     development of requests for proposals for engineering,
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0020|     surveying, architectural or landscape architectural services
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0021|     procured by the local public body;
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0022|                    (2)  advise the local public body in giving
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0023|     public notice of requests for proposals;
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0024|                    (3)  advise in the evaluation and selection of
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0025|     professional businesses to perform services for the local
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0001|     public body, based upon demonstrated competence and
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0002|     qualification for the type of professional services required;
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0003|     and
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0004|                    (4)  assist in contract negotiations.
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0005|               D.  Professional technical advisors shall be
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0006|     obtained through the professional technical advisory board, a
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0007|     consortium of the consulting engineers council of New Mexico
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0008|     and the professional engineers in private practice division of
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0009|     the New Mexico society of professional engineers; the New
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0010|     Mexico professional surveyors; the New Mexico society of
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0011|     architects; or the New Mexico chapter of the American society
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0012|     of landscape architects.
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0013|               E.  No individual or firm whose principal, officer,
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0014|     director or employee serves as a professional technical advisor
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0015|     to a local public body shall be permitted to submit a proposal
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0016|     to the local public body during the period in which the
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0017|     individual, principal, officer, director or employee serves as
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0018|     a professional technical advisor to the local public body;
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0019|     however, nothing in this section shall prohibit an individual
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0020|     or firm from submitting a proposal to any municipality in which
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0021|     the individual or a principal, officer, director or employee is
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0022|     not serving as a professional technical advisor.
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0023|               <u>F.  The professional technical advisor shall have
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<u></u>0024| <u>    no duties or responsibilities to advise or assist in small
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<u></u>0025| <u>    business set-aside procurements or contracts.</u>"
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0001|          Section 4.  Section 13-1-119 NMSA 1978 (being Laws 1984,
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0002|     Chapter 65, Section 92, as amended) is amended to read:
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0003|          "13-1-119.  COMPETITIVE SEALED QUALIFICATIONS-BASED
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0004|     PROPOSALS--ARCHITECTS--ENGINEERS--LANDSCAPE ARCHITECTS--
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0005|     SURVEYORS--ADDITIONAL REQUIREMENTS.--In addition to compliance
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0006|     with the requirements of Sections 13-1-112 through 13-1-114 and
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0007|     13-1-116 through 13-1-118 NMSA 1978, a state agency or local
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0008|     public body, when procuring the services of architects,
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0009|     landscape architects, engineers or surveyors for state public
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0010|     works projects or local public works projects, <u>other than
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<u></u>0011| <u>    small business set-aside projects</u>, shall comply with Sections
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0012|     13-1-120 through 13-1-124 NMSA 1978."
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0013|          Section 5.  Section 13-1-120 NMSA 1978 (being Laws 1984,
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0014|     Chapter 65, Section 93, as amended) is amended to read:
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0015|          "13-1-120.  COMPETITIVE SEALED QUALIFICATIONS-BASED
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0016|     PROPOSALS--ARCHITECTS--ENGINEERS--LANDSCAPE ARCHITECTS--
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0017|     SURVEYORS--SELECTION PROCESS.--
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0018|               A.  For each proposed state public works project or
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0019|     local public works project <u>other than a small business set-
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<u></u>0020| <u>    aside project</u>, the architect, engineer, landscape architect
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0021|     and surveyor selection committee, state highway and
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0022|     transportation department selection committee or local
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0023|     selection committee, as appropriate, shall evaluate statements
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0024|     of qualifications and performance data submitted by at least
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0025|     three businesses in regard to the particular project and may
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0001|     conduct interviews with and may require public presentation by
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0002|     all businesses applying for selection regarding their
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0003|     qualifications, their approach to the project and their ability
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0004|     to furnish the required services.
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0005|               B.  The selection committee shall select, ranked in
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0006|     the order of their qualifications, no less than three
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0007|     businesses deemed to be the most highly qualified to perform
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0008|     the required services, after considering the following criteria
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0009|     together with any criteria, except price, established by the
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0010|     using agency authorizing the project:
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0011|                    (1)  specialized design and technical
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0012|     competence of the business, including a joint venture or
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0013|     association, regarding the type of services required;
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0014|                    (2)  capacity and capability of the business to
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0015|     perform the work, including any specialized services, within
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0016|     the time limitations;
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0017|                    (3)  past record of performance on contracts
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0018|     with government agencies or private industry with respect to
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0019|     such factors as control of costs, quality of work and ability
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0020|     to meet schedules;
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0021|                    (4)  proximity to or familiarity with the area
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0022|     in which the project is located;
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0023|                    (5)  the amount of design work that will be
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0024|     produced by a New Mexico business within this state; and
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0025|                    (6)  the volume of work previously done for the
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0001|     entity requesting proposals <s>[which]</s> <u>that</u> is not seventy-
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0002|     five percent complete with respect to basic professional design
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0003|     services, with the objective of effecting an equitable
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0004|     distribution of contracts among qualified businesses and of
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0005|     assuring that the interest of the public in having available a
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0006|     substantial number of qualified businesses is protected;
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0007|     provided, however, that the principle of selection of the most
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0008|     highly qualified businesses is not violated.
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0009|               C.  Notwithstanding the requirements of Subsections
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0010|     A and B of this section, if fewer than three businesses have
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0011|     submitted a statement of qualifications for a particular
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0012|     project, the committee may:
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0013|                    (1)  rank in order of qualifications and submit
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0014|     to the secretary or local public body for award those
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0015|     businesses <s>[which]</s> <u>that</u> have submitted a statement of
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0016|     qualifications; or
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0017|                    (2)  recommend termination of the selection
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0018|     process and sending out of new notices of the proposed
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0019|     procurement pursuant to Section 13-1-104 NMSA 1978.
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0020|               D.  The names of all businesses submitting proposals
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0021|     and the names of all businesses, if any, selected for interview
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0022|     shall be public information.  After an award has been made,
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0023|     final ranking and evaluation scores for all proposals shall
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0024|     become public information.  Businesses <s>[which]</s> <u>that</u> have
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0025|     not been selected shall be so notified in writing within
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0001|     twenty-one days after an award is made."
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0002|          Section 6.  Section 13-1-122 NMSA 1978 (being Laws 1984,
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0003|     Chapter 65, Section 95, as amended) is amended to read:
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0004|          "13-1-122.  COMPETITIVE SEALED QUALIFICATIONS-BASED
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0005|     PROPOSALS--AWARD OF ARCHITECT, ENGINEERING, LANDSCAPE ARCHITECT
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0006|     AND SURVEYING CONTRACTS.--
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0007|               <u>A.</u>  The secretary or his designee or the secretary
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0008|     of <s>[the]</s> highway and transportation <s>[department]</s> or his
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0009|     designee or a designee of a local public body shall negotiate a
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0010|     contract with the highest qualified business for the
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0011|     architectural, landscape architectural, engineering or
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0012|     surveying services at compensation determined in writing to be
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0013|     fair and reasonable.  In making this decision, the secretary or
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0014|     his designee or the designee of a local public body shall take
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0015|     into account the estimated value of the services to be rendered
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0016|     and the scope, complexity and professional nature of the
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0017|     services.  Should the secretary or his designee or the designee
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0018|     of a local public body be unable to negotiate a satisfactory
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0019|     contract with the business considered to be the most qualified
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0020|     at a price determined to be fair and reasonable, negotiations
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0021|     with that business shall be formally terminated.  The secretary
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0022|     or his designee or the designee of a local public body shall
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0023|     then undertake negotiations with the second most qualified
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0024|     business.  Failing accord with the second most qualified
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0025|     business, the secretary or his designee or a designee of a
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0001|     local public body shall formally terminate negotiations with
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0002|     that business.  The secretary or his designee or the designee
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0003|     of the local public body shall then undertake negotiations with
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0004|     the third most qualified business.  Should the secretary or his
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0005|     designee or a designee of a local public body be unable to
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0006|     negotiate a contract with any of the businesses selected by the
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0007|     committee, additional businesses shall be ranked in order of
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0008|     their qualifications and the secretary or his designee or the
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0009|     designee of a local public body shall continue negotiations in
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0010|     accordance with this section until a contract is signed with a
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0011|     qualified business or the procurement process is terminated and
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0012|     a new request for proposals is initiated.  The secretary or the
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0013|     representative of a local public body shall publicly announce
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0014|     the business selected for award.
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0015|               <u>B.  The provisions of this section do not apply to
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<u></u>0016| <u>    contracts for architectural, engineering, landscape
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<u></u>0017| <u>    architectural or surveying services for projects identified as
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<u></u>0018| <u>    small business set-aside projects of a local public body.</u>"
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0019|                                                         State of New Mexico
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0020|                      House of Representatives
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0021|   
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0022|                      FORTY-THIRD LEGISLATURE
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0023|                        FIRST SESSION, 1997
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0024|   
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0025|   
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0001|                                                  March 11, 1997
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0002|   
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0003|   
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0004|   Mr. Speaker:
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0005|   
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0006|        Your CONSUMER AND PUBLIC AFFAIRS COMMITTEE, to
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0007|   whom has been referred
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0008|   
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0009|                       HOUSE BILL 1256
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0010|                               
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0011|   has had it under consideration and reports same with
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0012|   recommendation that it DO PASS, and thence referred to the
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0013|   APPROPRIATIONS AND FINANCE COMMITTEE.
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0014|   
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0015|                                 Respectfully submitted,
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0016|   
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0017|   
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0018|   
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0019|                                 <u>                                
</u>    |
<u></u>0020| <u>  
</u>    |
<u></u>0021| <u>                                </u>                             Gary King, Chairman
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0022|   
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0023|   
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0024|   Adopted <u>                    </u>     Not Adopted <u>                    
</u>    |
<u></u>0025| <u>   </u>
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0001|             (Chief Clerk)                       (Chief Clerk)
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0002|   
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0003|                        Date <u>            </u>
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0004|   
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0005|   The roll call vote was<u> 4 </u> For<u> 2 </u> Against
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0006|   Yes:      4
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0007|             No:       Dana, Johnson
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0008|             Excused:  Rios, Trujillo, Vaughn, Vigil
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0009|             Absent:   None
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0010|   
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0011|   
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0012|   G:\BILLTEXT\BILLW_97\H1256
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