0001| HOUSE BILL 1317
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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| BEN LUJAN
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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 PUBLIC PURCHASING; AMENDING AND ENACTING CERTAIN
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0012| SECTIONS OF THE NMSA 1978.
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0013|
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0014| BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF NEW MEXICO:
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0015| Section 1. A new Section 13-1-40.1 NMSA 1978 is enacted
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0016| to read:
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0017| "Section 13-1-40.1. [NEW MATERIAL] DEFINITION--
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0018| CONSTRUCTION MANAGEMENT AND CONSTRUCTION MANAGER.--
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0019| A. "Construction management" means consulting
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0020| services related to the process of management applied to a
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0021| public works project for any duration from conception to
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0022| completion of the project for the purpose of controlling time,
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0023| cost and quality of the project.
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0024| B. "Construction manager" means a person who acts
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0025| as an agent of the state agency or local public body for
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0001| construction management, for whom the state agency or local
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0002| public body shall assume all the risks and responsibilities."
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0003| Section 2. Section 13-1-76 NMSA 1978 (being Laws 1984,
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0004| Chapter 65, Section 49, as amended) is amended to read:
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0005| "13-1-76. DEFINITION--PROFESSIONAL SERVICES.--
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0006| "Professional services" means the services of architects,
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0007| archeologists, engineers, surveyors, landscape architects,
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0008| medical arts practitioners, scientists, management and systems
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0009| analysts, certified public accountants, registered public
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0010| accountants, lawyers, psychologists, planners, researchers,
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0011| construction managers and other persons or businesses
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0012| providing similar professional services, which may be
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0013| designated as such by a determination issued by the state
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0014| purchasing agent or a central purchasing office."
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0015| Section 3. A ne Section 13-1-100.1 NMSA 1978 is enacted
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0016| to read:
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0017| "13-1-100.1 [NEW MATERIAL] CONSTRUCTION CONTRACTS--
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0018| CONSTRUCTION MANAGEMENT SERVICES.
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0019| A. A construction management services contract may
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0020| be entered into for any construction or public works project
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0021| when a state agency or local public body makes a determination
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0022| that it is in the public's interest to utilize construction
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0023| management services. Construction management services shall
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0024| not duplicate and are in addition to the normal scope of
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0025| separate architect or engineer contracts, the need for which
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0001| may arise due to the complexity or unusual requirements of a
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0002| project as request by a state agency or local public body.
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0003| B. To insure fair, uniform, clear and effective
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0004| procedures that will strive for the delivery of a quality
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0005| project, on time and within budget, the secretary, in
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0006| conjunction with the appropriate and affected professional
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0007| associations and contractors, shall promulgate regulations
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0008| which shall be adopted by the governing bodies of all using
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0009| agencies and shall be followed by all using agencies when
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0010| procuring construction management services as authorized in
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0011| Subsection A of this section."
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0012| Section 4. Section 13-1-111 NMSA 1978 (being Laws 1984,
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0013| Chapter 65, Section 84, as amended) is amended to read:
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0014| "13-1-111. COMPETITIVE SEALED PROPOSALS--CONDITIONS FOR
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0015| USE.--When a state agency or a local public body is procuring
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0016| professional services or a design and build project delivery
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0017| system, or when the state purchasing agent, a central pur-
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0018|
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0019| chasing office or a designee of either officer makes a
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0020| written determination that the use of competitive sealed
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0021| bidding for items of tangible personal property or services
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0022| is either not practicable or not advantageous to the state
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0023| agency or a local public body, a procurement shall be effected
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0024| by competitive sealed proposals. Competitive qualifications-
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0025| based proposals shall be used for procurement of professional
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0001| services of architects, engineers, landscape architects,
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0002| construction managers and surveyors who submit proposals
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0003| pursuant to Sections 13-1-120 through 13-1-124 NMSA 1978."
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0004| Section 5. A new Section 13-1-119.1 NMSA 1978 is enacted
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0005| to read:
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0006| "13-1-119.1. [NEW MATERIAL] PUBLIC WORKS PROJECT
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0007| DELIVERY SYSTEM--DESIGN AND BUILD PROJECTS AUTHORIZED.--
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0008| A. A design and build project delivery system may
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0009| be authorized when the state purchasing agent or a central
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0010| purchasing office makes a determination in writing that it is
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0011| appropriate and in the best interest of the state or local
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0012| public body to use on a specific project with a maximum
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0013| allowable construction cost of more than five million dollars
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0014| ($5,000,000). The determination shall be issued only after the
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0015| state purchasing or central purchasing office has taken into
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0016| consideration the following criteria which shall be used as the
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0017| minimum basis in determining when to use the design and build
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0018| process:
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0019| (1) the extent to which the project
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0020| requirements have, or can be, adequately defined;
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0021| (2) time constraints for delivery of the
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0022| project;
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0023| (3) the capability and experience of potential
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0024| teams with the design and build process;
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0025| (4) the suitability of the project for use of
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0001| the design and build process as concerns time, schedule, costs
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0002| and quality; and
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0003| (5) the capability of the using agency to
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0004| manage the project, including experienced personnel or outside
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0005| consultants, to oversee the project who are familiar with the
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0006| design and build process.
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0007| B. When a determination has been made by the state
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0008| purchasing agent or a central purchasing office that it is
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0009| appropriate to use a design and build project delivery system,
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0010| the design and build team shall include, as needed, a New
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0011| Mexico registered engineer or architect, and a contractor
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0012| properly licensed in New Mexico for the type of work required.
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0013| C. For each proposed state or local public works
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0014| design and build project, a two-phase procedure for awarding
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0015| design and build contracts shall be adopted and shall include
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0016| at a minimum the following:
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0017| (1) during phase one, and prior to
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0018| solicitation, documents shall be prepared for a request for
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0019| qualifications by a registered engineer or architect, either in
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0020| house or selected in accordance with Sections 13-1-120 through
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0021| 13-1-124 NMSA 1978, and shall include minimum qualifications, a
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0022| scope of work statement, schedule, documents defining the
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0023| project requirements, composition of selection committee, phase
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0024| two requirements, and subsequent management of project to
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0025| completion. Design and build qualifications of responding
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0001| firms shall be evaluated and a maximum of five firms shall be
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0002| short listed in accordance with technical and qualifications
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0003| based criteria.
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0004| (2) during phase two, the short-listed firms
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0005| shall be invited to submit detailed specific technical concepts
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0006| or solutions, costs and scheduling. Unsuccessful firms may be
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0007| paid a stipend to cover proposal expenses. After evaluation of
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0008| these submissions of selection shall be made and the contract
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0009| awarded to the highest ranked firm.
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0010| D. To ensure fair, uniform, clear and effective
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0011| procedures that will strive for the delivery of a quality
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0012| project on time and within budget, the secretary, in
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0013| conjunction with the appropriate and affected professional
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0014| associations and contractors, shall promulgate regulations
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0015| applicable to all using agencies, which shall be followed by
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0016| all using agencies when procuring a design and build project
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0017| delivery system."
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0018| Section 6. Section 13-1-120 NMSA 1978 (being Laws 1984,
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0019| Chapter 65, Section 93, as amended) is amended to read:
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0020| "13-1-120. COMPETITIVE SEALED QUALIFICATIONS-BASED
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0021| PROPOSALS--ARCHITECTS--ENGINEERS--LANDSCAPE ARCHITECTS--
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0022| SURVEYORS--SELECTION PROCESS.--
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0023| A. For each proposed state public works project or
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0024| local public works project or construction management
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0025| contract, the architect, engineer, landscape architect,
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0001| construction management and surveyor selection committee,
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0002| state highway and transportation department selection committee
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0003| or local selection committee, as appropriate, shall evaluate
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0004| statements of qualifications and performance data submitted by
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0005| at least three businesses in regard to the particular project
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0006| and may conduct interviews with and may require public
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0007| presentation by all businesses applying for selection regarding
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0008| their qualifications, their approach to the project and their
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0009| ability to furnish the required services.
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0010| B. The appropriate selection committee shall
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0011| select, ranked in the order of their qualifications, no less
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0012| than three businesses deemed to be the most highly qualified to
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0013| perform the required services, after considering the following
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0014| criteria together with any criteria, except price, established
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0015| by the using agency authorizing the project:
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0016| (1) specialized design and technical
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0017| competence of the business, including a joint venture or
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0018| association, regarding the type of services required;
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0019| (2) capacity and capability of the business,
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0020| including any consultants their representatives qualifications
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0021| and locations, perform the work, including any specialized
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0022| services, within the time limitations;
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0023| (3) past record of performance on contracts
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0024| with government agencies or private industry with respect to
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0025| such factors as control of costs, quality of work and ability
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0001| to meet schedules;
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0002| (4) proximity to or familiarity with the area
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0003| in which the project is located;
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0004| (5) the amount of design work that will be
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0005| produced by a New Mexico business within this state; [and]
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0006| (6) the volume of work previously done for the
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0007| entity requesting proposals which is not seventy-five percent
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0008| complete with respect to basic professional design services,
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0009| with the objective of effecting an equitable distribution of
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0010| contracts among qualified businesses and of assuring that the
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0011| interest of the public in having available a substantial number
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0012| of qualified businesses is protected; provided, however, that
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0013| the principle of selection of the most highly qualified
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0014| businesses is not violate; and
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0015| (7) notwithstanding any other provisions of
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0016| this subsection, price may be considered in connection with
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0017| construction management contracts, unless the services are
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0018| those of an architect, engineer, landscape architect or
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0019| surveyor.
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0020| C. Notwithstanding the requirements of Subsections
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0021| A and B of this section, if fewer than three businesses have
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0022| submitted a statement of qualifications for a particular
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0023| project, the appropriate committee may:
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0024| (1) rank in order of qualifications and submit
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0025| to the secretary or local governing authority of the public
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0001| body for award those businesses which have submitted a
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0002| statement of qualifications; or
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0003| (2) recommend termination of the selection
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0004| process pursuant to Section 13-1-131 NMSA 1978 and sending
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0005| out of new notices of the resolicitation of the proposed
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0006| procurement pursuant to Section 13-1-104 NMSA 1978. Any
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0007| proposal received in response to the terminated solicitation is
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0008| not public information and shall not be made available to
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0009| competing officers.
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0010| D. The names of all businesses submitting proposals
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0011| and the names of all businesses, if any, selected for interview
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0012| shall be public information. After an award has been made,
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0013| the appropriate selection committee's final ranking and
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0014| evaluation scores for all proposals shall become public
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0015| information. Businesses which have not been selected for
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0016| contract award shall be so notified in writing within
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0017| [twenty-one] fifteen days after an award is made."
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0018| State of New Mexico
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0019| House of Representatives
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0020|
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0021| FORTY-THIRD LEGISLATURE
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0022| FIRST SESSION, 1997
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0023|
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0024|
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0025| March 11, 1997
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0001|
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0002|
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0003| Mr. Speaker:
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0004|
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0005| Your LABOR AND HUMAN RESOURCES COMMITTEE, to
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0006| whom has been referred
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0007|
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0008| HOUSE BILL 1317
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0009|
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0010| has had it under consideration and reports same with
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0011| recommendation that it DO PASS, amended as follows:
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0012|
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0013| 1. On page 4, line 7, strike "A" and insert in lieu thereof
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0014| "Except for road and highway construction or reconstruction
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0015| projects of the state highway and transportation department or
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0016| any local public body, a".,
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0017|
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0018| and thence referred to the BUSINESS AND INDUSTRY
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0019| COMMITTEE.
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0020|
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0021| Respectfully submitted,
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0022|
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0023|
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0024|
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0025|
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0001|
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0002| Rick Miera, Chairman
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0003|
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0004|
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0005| Adopted Not Adopted
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0006|
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0007| (Chief Clerk) (Chief Clerk)
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0008|
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0009| Date
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0010|
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0011| The roll call vote was 5 For 0 Against
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0012| Yes: 5
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0013| Excused: Foy, Macko, Marquardt
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0014| Absent: None
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0015|
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0016|
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0017|
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0018| .118751.1
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0019| G:\BILLTEXT\BILLW_97\H1317
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0020|
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0021| FORTY-THIRD LEGISLATURE
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0022| FIRST SESSION, 1997 HB 1317/a
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0023|
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0024|
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0025| March 18, 1997
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0001|
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0002| Mr. President:
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0003|
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0004| Your CORPORATIONS & TRANSPORTATION COMMITTEE, to
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0005| whom has been referred
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0006|
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0007| HOUSE BILL 1317, as amended
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0008|
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0009| has had it under consideration and reports same with
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0010| recommendation that it DO PASS, amended as follows:
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0011|
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0012| 1. On page 2, line 15, after "A" strike "ne" and insert in
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0013| lieu thereof "new".
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0014|
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0015| 2. On page 2, line 17, after "13-1-100.1" insert a period.
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0016|
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0017| 3. On page 2, line 18, after the period insert a dash.
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0018|
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0019| 4. On page 2, line 20, after "or" insert "state or local".
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0020|
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0021| 5. On page 3, line 2, before "by" strike "request" and
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0022| insert in lieu thereof "requested".
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0023|
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0024| 6. On page 3, line 7, after "regulations" insert a comma.
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0025|
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0001| 7. On page 3, line 11, strike the quotation mark.
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0002|
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0003| 8. On page 3, between lines 11 and 12, insert the following
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0004| new subsection:
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0005|
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0006| "C. A state agency shall make the decision on a
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0007| construction management services contract for a state public
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0008| works project, and a local public body shall make that decision
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0009| for a local public works project. A state agency shall not make
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0010| the decision on a construction management services contract for a
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0011| local public works project."".
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0012|
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0013|
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0014|
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0015|
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0016|
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0017|
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0018|
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0019|
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0020|
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0021| 9. On page 4, line 11, after "use" insert "the system".
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0022|
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0023| 10. On page 4, line 15, after "criteria" insert a comma.
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0024|
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0025| 11. On page 4, line 19, after "have" insert "been".
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0001|
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0002| 12. On page 5, line 4, before "to" insert "and".
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0003|
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0004| 13. On page 5, line 4, after "project" insert "with
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0005| persons".
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0006|
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0007| 14. On page 5, line 21, strike the first comma and insert
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0008| in lieu thereof "and".
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0009|
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0010| 15. On page 5, line 22, after the first comma strike the
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0011| remainder of the line and insert in lieu thereof "the composition
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0012| of the selection committee and a description of the phase".
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0013|
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0014| 16. On page 5, line 23, strike the comma and after
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0015| "management" strike "of" and insert in lieu thereof "needed to
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0016| bring the".
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0017|
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0018| 17. On page 6, line 1, strike "qualifications based" and
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0019| insert in lieu thereof "qualifications-based".
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0020|
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0021| 18. On page 6, line 2, strike the period and insert in lieu
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0022| thereof "; and".
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0023|
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0024| 19. On page 6, line 7, after "submissions" strike "of" and
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0025| insert in lieu thereof a comma.
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0001|
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0002| 20. On page 6, line 15, strike the quotation mark.
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0003|
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0004| 21. On page 6, between lines 15 and 16, insert the
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0005| following new subsection:
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0006|
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0007| "E. A state agency shall make the decision on a design
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0008| and build project delivery system for a state public works
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0009| project, and a local public body shall make that decision for a
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0010| local public works project. A state agency shall not make the
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0011| decision on a design and build project delivery system for a
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0012| local public works project."".
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0013|
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0014|
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0015|
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0016|
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0017|
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0018| 22. On page 6, line 21, after "project" strike "or" and
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0019| insert in lieu thereof a comma.
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0020|
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0021| 23. On page 7, line 18, after "consultants" insert a comma
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0022| and after "representative" insert a comma.
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0023|
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0024| 24. On page 7, line 19, before "perform" insert "to".
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0025|
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0001| 25. On page 8, line 12, after "not" strike "violate" and
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0002| insert in lieu thereof "violated".
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0003|
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0004| 26. On page 9, line 6, strike "officers" and insert in lieu
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0005| thereof "offerors".,
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0006|
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0007| and thence referred to the FINANCE COMMITTEE.
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0008|
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0009| Respectfully submitted,
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0010|
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0011|
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0012|
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0013| __________________________________
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0014| Roman M. Maes, III, Chairman
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0015|
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0016|
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0017| Adopted_______________________ Not
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0018| Adopted_______________________
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0019| (Chief Clerk) (Chief Clerk)
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0020|
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0021|
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0022| Date ________________________
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0023|
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0024| The roll call vote was 7 For 0 Against
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0025| Yes: 7
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0001| No: 0
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0002| Excused: Fidel, Howes, Robinson
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0003| Absent: None
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0004|
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0005|
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0006| H1317CT1 .119026.2 FORTY-THIRD LEGISLATURE
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0007| FIRST SESSION, 1997
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0008|
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0009|
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0010|
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0011| October 24, 1997
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0012|
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0013|
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0014| SENATE FLOOR AMENDMENT number to HOUSE BILL 1317, as
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0015| amended
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0016|
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0017| AMENDMENT sponsored by SENATOR VERNON
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0018|
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0019| 1. On page 4, line 12, strike "five" and insert "ten".
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0020|
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0021| 2. On page 4, line 13, strike "($5,000,000)" and insert
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0022| "($10,000,000)".
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0023|
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0024|
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0025|
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0001|
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0002| Senator L. Skip Vernon
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0003|
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0004|
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0005|
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0006| Adopted Not Adopted
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0007|
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0008| (Chief Clerk) (Chief Clerk)
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0009|
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0010|
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0011| Date
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0012|
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0013|
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0014|
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0015| H1317FS1
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