SENATE BILL 497

56th legislature - STATE OF NEW MEXICO - first session, 2023

INTRODUCED BY

David M. Gallegos

 

 

 

 

 

AN ACT

RELATING TO PROCUREMENT; INCREASING THE TOTAL AMOUNT LIMIT ON CONTRACTS FOR PROCUREMENT OF ARCHITECTURAL AND ENGINEERING SERVICES AND CONSTRUCTION THAT STATE AGENCIES AND LOCAL PUBLIC BODIES MAY ENTER INTO AND FOR PURCHASE ORDERS UNDER THOSE CONTRACTS; PROVIDING FOR AN ANNUAL INFLATION ADJUSTMENT TO THE TOTAL AMOUNT LIMIT ON CONTRACTS FOR PROCUREMENT OF ARCHITECTURAL AND ENGINEERING SERVICES AND CONSTRUCTION AND FOR PURCHASE ORDERS UNDER THOSE CONTRACTS.

 

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 the total amount of multiple contracts and all renewals for a single contractor does not exceed [seven million five hundred thousand dollars ($7,500,000)] fourteen million dollars ($14,000,000), as adjusted pursuant to Subsection G of this section, over four years and that a single contract, including any renewals, does not exceed [six hundred fifty thousand dollars ($650,000)] one million three hundred thousand dollars ($1,300,000), as adjusted pursuant to Subsection G of this section.

          B. A state agency or local public body may procure multiple indefinite quantity construction contracts pursuant to a price agreement for multiple projects under a single request for proposals; provided that the total amount of a contract and all renewals does not exceed [twelve million five hundred thousand dollars ($12,500,000)] eighty million dollars ($80,000,000), as adjusted pursuant to Subsection G of this section, over three years and the contract provides that any one purchase order under the contract may not exceed [four million dollars ($4,000,000)] twenty million dollars ($20,000,000), as adjusted pursuant to Subsection G of this section.

          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.

          D. A contract to be awarded pursuant to this section to a firm that is currently performing under a contract issued pursuant to this section shall not cause the total amount of all contracts issued pursuant to this section to that firm to exceed:

                (1) [seven million five hundred thousand dollars ($7,500,000)] fourteen million dollars ($14,000,000), as adjusted pursuant to Subsection G of this section, in any four-year period for architectural or engineering services; or

                (2) [twelve million five hundred thousand dollars ($12,500,000)] eighty million dollars ($80,000,000), as adjusted pursuant to Subsection G of this section, in any three-year period for construction.

          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 and 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.

          G. On July 1, 2024 and July 1 of each successive year, the total amounts for multiple contracts and all renewals, a single contract and any renewals, any one purchase order under a contract and the total amount of all contracts provided in Subsections A, B and D of this section shall be adjusted by multiplying each of the total amounts in Subsections A, B and D of this section as of July 1, 2023 by a fraction, the numerator of which is the consumer price index ending in December of the previous year and the denominator of which is the consumer price index ending in December 2022.

          H. As used in this section, "consumer price index" means the consumer price index, not seasonally adjusted, for all urban consumers, United States city average for all items, or its successor index, as published by the United States department of labor for a twelve-month period ending December 31."

     SECTION 2. EFFECTIVE DATE.--The effective date of the provisions of this act is July 1, 2023.

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