HOUSE BILL 115

47th legislature - STATE OF NEW MEXICO - second session, 2006

INTRODUCED BY

Eric A. Youngberg

AN ACT

RELATING TO BUSINESS; AMENDING THE PROCUREMENT CODE; CHANGING LIMITS FOR PROFESSIONAL SERVICES AND APPLICATION OF SMALL PURCHASE REGULATIONS.

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

     Section 1. Section 13-1-66.1 NMSA 1978 (being Laws 1989, Chapter 69, Section 4, as amended) is amended to read:

     "13-1-66.1. DEFINITION--LOCAL PUBLIC WORKS PROJECT.--"Local public works project" means a project of a local public body [which] that uses architectural, [or] landscape architectural, engineering or surveying services requiring professional services costing [twenty-five thousand dollars ($25,000)] thirty thousand dollars ($30,000) or more [or landscape architectural or surveying services requiring professional services costing five thousand dollars ($5,000) or more], excluding applicable state and local gross receipts taxes."

     Section 2. Section 13-1-91 NMSA 1978 (being Laws 1984, Chapter 65, Section 64, as amended) is amended to read:

     "13-1-91. DEFINITION--STATE PUBLIC WORKS PROJECT.--"State public works project" means a project of a state agency, not including projects of the state educational institutions, the supreme court building commission, the legislature or local public bodies, [which] that uses architectural, [or] landscape architectural, engineering or surveying services requiring professional services costing [twenty-five thousand dollars ($25,000)] thirty thousand dollars ($30,000) or more [or landscape architectural or surveying services requiring professional services costing five thousand dollars ($5,000) or more], excluding applicable state and local gross receipts."

     Section 3. Section 13-1-125 NMSA 1978 (being Laws 1984, Chapter 65, Section 98, as amended) is amended to read:

     "13-1-125. SMALL PURCHASES.--

          A. A central purchasing office shall procure services, construction or items of tangible personal property having a value not exceeding twenty thousand dollars ($20,000) in accordance with the applicable small purchase regulations adopted by the secretary, a local public body or a central purchasing office that has the authority to issue regulations.

          B. Notwithstanding the requirements of Subsection A of this section, a central purchasing office may procure professional services having a value not exceeding thirty thousand dollars ($30,000), excluding applicable state and local gross receipts taxes, [except for the services of architects, landscape architects, engineers or surveyors for state public works projects or local public works projects] in accordance with professional services procurement regulations promulgated by the department of finance and administration, the general services department or a central purchasing office with the authority to issue regulations.

          C. Notwithstanding the requirements of Subsection A of this section, a state agency or a local public body may procure services, construction or items of tangible personal property having a value not exceeding five thousand dollars ($5,000) by issuing a direct purchase order to a contractor based upon the best obtainable price.

          D. Procurement requirements shall not be artificially divided so as to constitute a small purchase under this section."

- 3 -