44th legislature - STATE OF NEW MEXICO - second session, 2000

RELATING TO THE STATE HIGHWAY AND TRANSPORTATION DEPARTMENT; REQUIRING THE DEPARTMENT TO HAVE CONTRACTS REVIEWED; ELIMINATING THE DEPARTMENT'S EXEMPTION FROM CENTRAL PURCHASING.

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

Section 1. [NEW MATERIAL] STATE HIGHWAY AND TRANSPORTATION DEPARTMENT--CONTRACT REVIEW.--The state highway and transportation department shall have its contracts reviewed by the department of finance and administration.

Section 2. Section 13-1-99 NMSA 1978 (being Laws 1984, Chapter 65, Section 72, as amended) is amended to read:

"13-1-99. EXCLUDED FROM CENTRAL PURCHASING THROUGH THE STATE PURCHASING AGENT.--Excluded from the requirement of procurement through the state purchasing agent but not from the requirements of the Procurement Code are the following:

A. procurement of professional services;

B. small purchases having a value not exceeding two hundred fifty dollars ($250);

C. emergency procurement;

[D. procurement of highway construction or reconstruction by the state highway and transportation department;

E.] D. procurement by the judicial branch of state government;

[F.] E. procurement by the legislative branch of state government;

[G.] F. procurement by the boards of regents of state educational institutions named in Article 12, Section 11 of the constitution of New Mexico;

[H.] G. procurement by the state fair commission of tangible personal property, services and construction under five thousand dollars ($5,000);

[I.] H. purchases from the instructional material fund;

[J.] I. procurement by all local public bodies;

[K.] J. procurement by regional education cooperatives;

[L.] K. procurement by charter schools; and

[M.] L. procurement by each state health care institution that provides direct patient care and that is, or a part of which is, medicaid certified and participating in the New Mexico medicaid program."

Section 3. Section 67-3-43 NMSA 1978 (being Laws 1917, Chapter 38, Section 9, as amended) is amended to read:

"67-3-43. ROAD WORK--[BID ADVERTISING--RESTRICTIONS--REJECTION--BOND] BIDS--STATE PURCHASING AGENT.--The state highway and transportation department may construct, reconstruct and maintain all state highways by work done with its own forces or let the work on contract [after advertising for bids subject to the approval of the state highway commission. Such advertisement for bids shall be in accordance with the rules and regulations adopted therefor by the commission, and bids shall be received at such places and shall be made on such forms and in such manner and accompanied by such guarantee as may be prescribed by the commission. The chief highway administrator may reject any or all bids if they are unbalanced or for any other good reason, but otherwise he shall award the contract to the lowest responsible bidder allowing for such preferences as may be provided by law. The successful bidder is required to furnish satisfactory bond in such amount as may be determined by the commission. The commission may adopt rules and regulations for providing for the exclusion of contractors from bidding and for the determination of a responsible bidder pursuant to the provisions of the Public Purchases Act] through the state purchasing agent pursuant to the Procurement Code."

Section 4. Section 67-3-46 NMSA 1978 (being Laws 1939, Chapter 91, Section 1) is amended to read:

"67-3-46. RENTAL OF EQUIPMENT--BIDS NOT REQUIRED IN EMERGENCIES--BID PROCEDURE--RESTRICTIONS.--In cases of emergency where a state highway is rendered impassable for vehicular traffic by reason of fire, flood, storm or any other unusual condition and when it is necessary to take emergency action to reestablish the highway to a condition to render [same] it passable to traffic, and equipment owned by the state highway commission suitable for such purpose is not immediately available, the state highway engineer, subject to approval of the state highway commission, may rent equipment for such purpose at a reasonable rental rate without advertising for bids. In all other cases, the state [highway engineer] purchasing agent shall advertise for bids before renting equipment and shall rent such equipment from the party submitting the lowest satisfactory bid. Such advertisement for bids shall be in accordance with such rules [and regulations] as may be adopted therefor by the state [highway commission] purchasing agent, and bids shall be on such forms and in such manner and accompanied by such guarantee as may be prescribed by [such commission] the state purchasing agent."

Section 5. EFFECTIVE DATE.--The effective date of the provisions of this act is July 1, 2000.