SENATE BILL 328

49th legislature - STATE OF NEW MEXICO - first session, 2009

INTRODUCED BY

Cynthia Nava

AN ACT

RELATING TO PROCUREMENT; REQUIRING BIDDERS FOR PUBLIC WORKS CONSTRUCTION PROJECTS FOR SCHOOL DISTRICTS AND SCHOOL BOARDS TO SUBMIT PROOF WITH COMPETITIVE QUALIFICATIONS-BASED PROPOSALS OF THE PROVISION OF MINIMUM WAGES AND MEDICAL BENEFIT PLANS AND OF THE REQUIREMENT OF SUBSTANCE ABUSE CHECKS WITH RESPECT TO EMPLOYEES OF THE BIDDER AND ITS SUBCONTRACTORS; DECLARING AN EMERGENCY.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF NEW MEXICO:

     Section 1. Section 13-1-111 NMSA 1978 (being Laws 1984, Chapter 65, Section 84, as amended) is amended to read:

     "13-1-111. COMPETITIVE SEALED PROPOSALS--CONDITIONS FOR USE.--

          A. Except as provided in Subsection G of Section

13-1-119.1 NMSA 1978, when a state agency or a local public body is procuring professional services or a design and build project delivery system, or when the state purchasing agent, a central purchasing office or a designee of either officer makes a written determination that the use of competitive sealed bidding for items of tangible personal property or services either is [either] not practicable or not advantageous to the state agency or a local public body, a procurement shall be effected by competitive sealed proposals.

          B. Competitive sealed proposals may also be used for contracts for construction and facility maintenance, service and repairs.

          C. Competitive sealed proposals may also be used for construction manager at risk contracts if a three-step selection procedure is used pursuant to the Educational Facility Construction Manager At Risk Act.

          D. Competitive qualifications-based proposals shall be used for procurement of professional services of architects, engineers, landscape architects, construction managers and surveyors who submit proposals pursuant to Sections 13-1-120 through 13-1-124 NMSA 1978.

          E. Competitive sealed proposals shall also be used for contracts for the design and installation of measures the primary purpose of which is to conserve natural resources, including guaranteed utility savings contracts entered into pursuant to the Public Facility Energy Efficiency and Water Conservation Act.

          F. A bidder for a public works construction project exceeding one hundred twenty-five thousand dollars ($125,000) for a school district or a local school board that submits a competitive qualifications-based proposal to that school district or local school board, and whose proposal is not solely for professional services, shall submit with that proposal:

                (1) proof that the bidder:

                     (a) provides wages to its employees in accordance with the Public Works Minimum Wage Act;

                     (b) makes medical benefits plans available to its employees;

                     (c) legally and contractually requires its employees to submit to substance abuse tests as a condition of employment; and

                     (d) prohibits the presence on the job site of employees who fail a substance abuse test until they have passed a subsequent substance abuse test; and

                (2) proof that each subcontractor under contract to the bidder that will perform work or labor or render service to the bidder for that public works construction project:

                     (a) provides wages to that subcontractor's employees in accordance with the Public Works Minimum Wage Act;

                     (b) makes medical benefit plans available to that subcontractor's employees;

                     (c) legally and contractually requires that subcontractor's employees submit to substance abuse tests as a condition of employment; and

                     (d) prohibits the presence on the job site of employees who fail a substance abuse test until they have passed a subsequent substance abuse test."

     Section 2. EMERGENCY.--It is necessary for the public peace, health and safety that this act take effect immediately.

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