AN ACT
RELATING TO PROCUREMENT; AMENDING AND
ENACTING SECTIONS OF THE PROCUREMENT CODE; EXPANDING THE APPLICABILITY OF
COMPETITIVE PROPOSAL CONTRACTING; PROVIDING FOR AN ADVISORY COMMITTEE.
BE IT ENACTED BY THE LEGISLATURE OF
THE STATE OF NEW MEXICO:
Section 1. Section 13-1-67 NMSA 1978 (being Laws 1984,
Chapter 65, Section 40, as amended) is amended to read:
"13-1-67. DEFINITION--LOCAL PUBLIC BODY.--"Local
public body" means every political subdivision of the state and the
agencies, instrumentalities and institutions thereof, including two-year
post-secondary educational institutions, school districts and local school
boards and municipalities, except as exempted pursuant to the Procurement
Code."
Section 2. 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 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.
Competitive, sealed proposals may also be used for contracts for
construction and facility maintenance, service and repairs. 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.
B. The governor shall appoint an advisory
committee to provide assistance in development of rules for the implementation
of this section. The advisory committee
shall include one representative from the New Mexico building and construction
trades council, American federation of labor - congress for industrial
organizations, and a representative of:
(1) the associated general contractors - New
Mexico building branch;
(2) the New Mexico chapter of the national
electrical contractors association;
(3) the New Mexico sheet metal contractors'
association;
(4) the mechanical contractors association of New
Mexico;
(5) the New Mexico association of counties;
(6) the New Mexico municipal league;
(7) the state board of education;
(8) the construction industries commission;
(9) the Rio Grande underground contractors
association;
(10) the American subcontractors association
of New Mexico;
(11) the higher education community; and
(12) the general public, who is not associated
with the construction industry and who will serve as chair of the
committee."
HB 573
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