HOUSE BILL 1013
47th legislature - STATE OF NEW MEXICO - first session, 2005
INTRODUCED BY
Daniel P. Silva
AN ACT
RELATING TO COMMITTEES; ELIMINATING THE INTERAGENCY COORDINATING GROUP, THE STATE PROCUREMENT STANDARDS AND SPECIFICATIONS COMMITTEE, THE DEPARTMENT OF TRANSPORTATION SELECTION COMMITTEE, THE TRAFFIC SAFETY BUREAU ADVISORY COMMITTEE AND THE RANGELAND PROTECTION ADVISORY COMMITTEE; TERMINATING THE SECRETARY OF LABOR'S POWER TO CREATE ADVISORY COMMITTEES; AMENDING AND REPEALING SECTIONS OF THE NMSA 1978.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF NEW MEXICO:
Section 1. Section 13-1-120 NMSA 1978 (being Laws 1984, Chapter 65, Section 93, as amended) is amended to read:
"13-1-120. COMPETITIVE SEALED QUALIFICATIONS-BASED PROPOSALS--ARCHITECTS--ENGINEERS--LANDSCAPE ARCHITECTS--SURVEYORS--SELECTION PROCESS.--
A. For each proposed state public works project, local public works project or construction management contract, the architect, engineer, landscape architect, construction management and surveyor selection committee [state highway and transportation department selection committee] or local selection committee, as appropriate, shall evaluate statements of qualifications and performance data submitted by at least three businesses in regard to the particular project and may conduct interviews with and may require public presentation by all businesses applying for selection regarding their qualifications, their approach to the project and their ability to furnish the required services.
B. The appropriate selection committee shall select, ranked in the order of their qualifications, no less than three businesses deemed to be the most highly qualified to perform the required services, after considering the following criteria, together with any criteria, except price, established by the using agency authorizing the project:
(1) specialized design and technical competence of the business, including a joint venture or association, regarding the type of services required;
(2) capacity and capability of the business, including any consultants, their representatives, qualifications and locations, to perform the work, including any specialized services, within the time limitations;
(3) past record of performance on contracts with government agencies or private industry with respect to such factors as control of costs, quality of work and ability to meet schedules;
(4) proximity to or familiarity with the area in which the project is located;
(5) the amount of design work that will be produced by a New Mexico business within this state;
(6) the volume of work previously done for the entity requesting proposals which is not seventy-five percent complete with respect to basic professional design services, with the objective of effecting an equitable distribution of contracts among qualified businesses and of assuring that the interest of the public in having available a substantial number of qualified businesses is protected; provided, however, that the principle of selection of the most highly qualified businesses is not violated; and
(7) notwithstanding any other provisions of this subsection, price may be considered in connection with construction management contracts, unless the services are those of an architect, engineer, landscape architect or surveyor.
C. Notwithstanding the requirements of Subsections A and B of this section, if fewer than three businesses have submitted a statement of qualifications for a particular project, the appropriate committee may:
(1) rank in order of qualifications and submit to the secretary or local governing authority of the public body for award those businesses [which] that have submitted a statement of qualifications; or
(2) recommend termination of the selection process pursuant to Section 13-1-131 NMSA 1978 and sending out of new notices of the resolicitation of the proposed procurement pursuant to Section 13-1-104 NMSA 1978. Any proposal received in response to the terminated solicitation is not public information and shall not be made available to competing offerors.
D. The names of all businesses submitting proposals and the names of all businesses, if any, selected for interview shall be public information. After an award has been made, the appropriate selection committee's final ranking and evaluation scores for all proposals shall become public information. Businesses [which] that have not been selected for contract award shall be so notified in writing within fifteen days after an award is made."
Section 2. Section 13-1-121 NMSA 1978 (being Laws 1984, Chapter 65, Section 94, as amended) is amended to read:
"13-1-121. COMPETITIVE SEALED QUALIFICATIONS-BASED PROPOSALS--ARCHITECTS--ENGINEERS--LANDSCAPE ARCHITECTS--
SURVEYORS--SELECTION COMMITTEE--STATE PUBLIC WORKS PROJECTS.--
A. The "architect, engineer, landscape architect and surveyor selection committee" is created. The committee, which shall serve as the selection committee for state public works projects, except for highway projects of the [state highway and transportation] department of transportation, is composed of four members as follows:
(1) one member of the agency for which the project is being designed;
(2) the director of the property control division of the general services department, who shall be chairman;
(3) one member designated by the architect-engineer-landscape architect joint practice committee; and
(4) one member designated by the secretary.
B. The staff architect or his designee of the property control division shall serve as staff to the architect, engineer, landscape architect and surveyor selection committee.
C. The members of the architect, engineer, landscape architect and surveyor selection committee shall be reimbursed by the property control division for per diem and mileage in accordance with the provisions of the Per Diem and Mileage Act.
[D. The state highway and transportation department shall create a selection committee by rule, after notice and hearing, which shall serve as the selection committee for highway projects of the department.]"
Section 3. Section 66-7-503 NMSA 1978 (being Laws 1978, Chapter 35, Section 490, as amended) is amended to read:
"66-7-503. DEFINITIONS.--As used in the Traffic Safety Act:
A. "bureau" means the traffic safety bureau of the department;
B. "chief" means the administrative head of the bureau;
[C. "committee" means the advisory committee to the bureau; and
D.] C. "department" means the [state highway and transportation] department of transportation."
Section 4. Section 66-7-511 NMSA 1978 (being Laws 1978, Chapter 35, Section 498) is amended to read:
"66-7-511. ACCEPTANCE OF GIFTS [FUNCTION OF ADVISORY COMMITTEE].--[A.] The bureau, with the approval of the governor, may accept on behalf of [the] this state any gift, grant or money given to the bureau for any and all purposes specified in the Traffic Safety Act. Any special grant shall be held by the state treasurer in a special fund and shall be expended in accordance with the terms of the gift or grant upon proper voucher and warrant drawn by the director [of] or his designated agent.
[B. The advisory committee, upon the call of the chairman, shall convene and shall undertake the study and evaluation of all applications for federal grants pertaining to traffic safety programs or affairs. The advisory committee shall make its findings and recommendations available to the chief in the form of minutes or written report, whereupon the committee shall adjourn awaiting the call of the chair.]"
Section 5. Section 76-7B-1 NMSA 1978 (being Laws 1985, Chapter 53, Section 1) is amended to read:
"76-7B-1. SHORT TITLE.--[This act] Chapter 76, Article 7A NMSA 1978 may be cited as the "Rangeland Protection Act"."
Section 6. Section 76-7B-3 NMSA 1978 (being Laws 1985, Chapter 53, Section 3) is amended to read:
"76-7B-3. DEFINITIONS.--As used in the Rangeland Protection Act:
[A. "committee" means the rangeland protection advisory committee;
B.] A. "department" means the New Mexico department of agriculture;
[C.] B. "protection" means the control or management of undesirable brush or other weed species and any associated management program or activity necessary to enhance successful restoration of the treated rangeland intended to restore production of forage, change vegetative composition, conserve the soil by stabilizing soil and water conditions or provide habitat for livestock and wildlife. The term shall be so interpreted as to emphasize an integrated management approach to rangeland protection; and
[D.] C. "rangeland" means land that is not cultivated and is used primarily for grazing of domestic livestock and wildlife in addition to being a source of wood products and water."
Section 7. REPEAL.--Sections 9-2A-13, 9-18-13, 13-1-162, 13-1-163, 66-7-505 and 76-7B-5 NMSA 1978 (being Laws 1992, Chapter 57, Section 13, Laws 1987, Chapter 342, Section 13, Laws 1984, Chapter 65, Sections 135 and 136, Laws 1978, Chapter 35, Section 492 and Laws 1985, Chapter 53, Section 5, as amended) are repealed.
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