Fiscal impact reports (FIRs) are prepared by the Legislative Finance Committee (LFC) for standing finance committees of the NM Legislature. The LFC does not assume responsibility for the accuracy of these reports if they are used for other purposes.

 

Current FIRs (in HTML & Adobe PDF formats) are available on the NM Legislative Website (legis.state.nm.us).  Adobe PDF versions include all attachments, whereas HTML versions may not.  Previously issued FIRs and attachments may also be obtained from the LFC in Suite 101 of the State Capitol Building North.

 

 

F I S C A L    I M P A C T    R E P O R T

 

 

 

SPONSOR

Aragon

DATE TYPED

2/05/04

HB

 

 

SHORT TITLE

Lower Minimum Design & Build Project Costs

SB

479

 

 

ANALYST

Geisler

 

APPROPRIATION

 

Appropriation Contained

Estimated Additional Impact

Recurring

or Non-Rec

Fund

Affected

FY04

FY05

FY04

FY05

 

 

 

Unknown

 

 

 

 

 

 

 

 

(Parenthesis ( ) Indicate Expenditure Decreases)

 

Conflicts with:  HB 561 and SB 522 (Section 13-1-119.1 NMSA 1978)

 

SOURCES OF INFORMATION

Regulation and Licensing Department Construction Industries Division (CID)

General Services Department (GSD)

State Department of Public Education (PED)

 

SUMMARY

 

Synopsis of Bill

 

This bill would amend Section 13-1-119.1 NMSA 1978 to authorized design and build projects for public works with a maximum allowable construction cost of more than $500 thousand.  The statute currently authorizes design and build for public works projects with construction costs of more than $10 million.  The bill also clarifies that it is a state purchasing agent, not the state purchasing office, who determines whether or not design and build system is appropriate on any given public works project.

 

Significant Issues

 

A design and build project delivery system is defined as a procurement process by which an agency contracts with one firm who has a responsibility for the design, construction and delivery of a project under a single contract with the agency.  Under current law, two types of projects qualify for design and build project delivery:  projects larger than $10 million, and projects costing less than $400,000 that are for site improvements or adapting a pre-fabricated building.  Only projects less than $500,000 that involve more than site-adapt or site improvements would not be eligible for this delivery method.

FISCAL IMPLICATIONS

 

PED provides that there may be a reduction in the costs associated with the designing and engineering portions of projects due to the use of design and build project delivery systems.  However, some have expressed concerns about the ability of smaller governments to properly manage design and build projects without the involvement of a professional engineer, architect, or

construction manager.

 

ADMINISTRATIVE IMPLICATIONS

 

The General Services Department (GSD) views this initiative as an opportunity to streamline and improve customer service by lowering the high project threshold from $10 million to a practical amount of $500,000.  This proposal would reduce red tape, administrative costs and allow for shorter turnaround times for needed projects.

 

RELATIONSHIP

 

GSD provides that HB 516 and SB 522 also propose changes to Section 13-1-119.1 of the Procurement Code.

 

AMENDMENTS

 

CID states that there appears to be an internal inconsistency in the language of the statute that the proposed amendment does not address.  Section A (line 25 on page 1) uses the term “maximum allowable construction cost,” while Section F (line 16 on page 4) uses the term “minimum construction cost of  Subsection A.”  CID suggests adding language that will resolve the internal

inconsistency if one exists.

 

 

GGG/lg:yr