46th legislature - STATE OF NEW MEXICO - first session, 2003

RELATING TO PROCUREMENT; AMENDING A SECTION OF THE PROCUREMENT CODE; EXPANDING THE APPLICABILITY OF COMPETITIVE PROPOSAL CONTRACTING.

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 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 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. Competitive, sealed proposals shall also be used for contracts for construction associated with assured environmental performance service projects for school districts having fewer than fifteen thousand students and for all work associated with assured environmental performance service projects, including the design and construction of environmental systems, acoustics, heating, cooling, electrical, lighting, fire, security, maintenance, warranty and associated controls. As used in this subsection, "assured environmental performance service projects" means the design, construction, control and warranty of heating and cooling systems."