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AN ACT

RELATING TO PROCUREMENT; EXEMPTING THE NEW MEXICO STATE FAIR

FROM THE PROCUREMENT CODE FOR PURCHASES MADE FOR RESALE OF

ITEMS NECESSARY FOR THE UPKEEP OF LIVESTOCK; PROVIDING THAT,

IN PREPARING SPECIFICATIONS, THE STATE PURCHASING AGENT OR

CENTRAL PURCHASING OFFICE SHALL NOT INCLUDE ANY SPECIFIC

COMPONENT THAT WOULD LIMIT COMPETITION; RECONCILING MULTIPLE

AMENDMENTS TO THE SAME SECTION OF LAW IN LAWS 2005.

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

Section 1. Section 13-1-98 NMSA 1978 (being Laws 1984,

Chapter 65, Section 71, as amended by Laws 2005, Chapter 23,

Section 2 and by Laws 2005, Chapter 317, Section 2 and by Laws

2005, Chapter 318, Section 1 and also by Laws 2005, Chapter

334, Section 8) is amended to read:

"13-1-98. EXEMPTIONS FROM THE PROCUREMENT CODE.--The

provisions of the Procurement Code shall not apply to:

A. procurement of items of tangible personal

property or services by a state agency or a local public body

from a state agency, a local public body or external

procurement unit except as otherwise provided in Sections

13-1-135 through 13-1-137 NMSA 1978;

B. procurement of tangible personal property or

services for the governor's mansion and grounds;

C. printing and duplicating contracts involving

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materials that are required to be filed in connection with

proceedings before administrative agencies or state or federal

courts;

D. purchases of publicly provided or publicly

regulated gas, electricity, water, sewer and refuse collection

services;

E. purchases of books and periodicals from the

publishers or copyright holders thereof;

F. travel or shipping by common carrier or by

private conveyance or to meals and lodging;

G. purchase of livestock at auction rings or to

the procurement of animals to be used for research and

experimentation or exhibit;

H. contracts with businesses for public school

transportation services;

I. procurement of tangible personal property or

services, as defined by Sections 13-1-87 and 13-1-93 NMSA

1978, by the corrections industries division of the

corrections department pursuant to rules adopted by the

corrections industries commission, which shall be reviewed by

the purchasing division of the general services department

prior to adoption;

J. minor purchases not exceeding five thousand

dollars ($5,000) consisting of magazine subscriptions,

conference registration fees and other similar purchases where

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prepayments are required;

K. municipalities having adopted home rule

charters and having enacted their own purchasing ordinances;

L. the issuance, sale and delivery of public

securities pursuant to the applicable authorizing statute,

with the exception of bond attorneys and general financial

consultants;

M. contracts entered into by a local public body

with a private independent contractor for the operation, or

provision and operation, of a jail pursuant to Sections

33-3-26 and 33-3-27 NMSA 1978;

N. contracts for maintenance of grounds and

facilities at highway rest stops and other employment

opportunities, excluding those intended for the direct care

and support of persons with handicaps, entered into by state

agencies with private, nonprofit, independent contractors who

provide services to persons with handicaps;

O. contracts and expenditures for services or

items of tangible personal property to be paid or compensated

by money or other property transferred to New Mexico law

enforcement agencies by the United States department of

justice drug enforcement administration;

P. contracts for retirement and other benefits

pursuant to Sections 22-11-47 through 22-11-52 NMSA 1978;

Q. contracts with professional entertainers;

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R. contracts and expenditures for litigation

expenses in connection with proceedings before administrative

agencies or state or federal courts, including experts,

mediators, court reporters, process servers and witness fees,

but not including attorney contracts;

S. contracts for service relating to the design,

engineering, financing, construction and acquisition of public

improvements undertaken in improvement districts pursuant to

Subsection L of Section 3-33-14.1 NMSA 1978 and in county

improvement districts pursuant to Subsection L of Section

4-55A-12.1 NMSA 1978;

T. works of art for museums or for display in

public buildings or places;

U. contracts entered into by a local public body

with a person, firm, organization, corporation or association

or a state educational institution named in Article 12,

Section 11 of the constitution of New Mexico for the operation

and maintenance of a hospital pursuant to Chapter 3, Article

44 NMSA 1978, lease or operation of a county hospital pursuant

to the Hospital Funding Act or operation and maintenance of a

hospital pursuant to the Special Hospital District Act;

V. purchases of advertising in all media,

including radio, television, print and electronic;

W. purchases of promotional goods intended for

resale by the tourism department;

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X. procurement by or through the public education

department from the federal department of education relating

to parent training and information centers designed to

increase parent participation, projects and initiatives

designed to improve outcomes for students with disabilities

and other projects and initiatives relating to the

administration of improvement strategy programs pursuant to

the federal Individuals with Disabilities Education Act;

provided that the exemption applies only to procurement of

services not to exceed two hundred thousand dollars

($200,000);

Y. procurement of services from community

rehabilitation programs or qualified individuals pursuant to

the State Use Act;

Z. purchases of products or services for eligible

persons with disabilities pursuant to the federal

Rehabilitation Act of 1973;

AA. procurement of an agreement, pursuant to

Section 9-7-6.5 NMSA 1978, to operate Fort Bayard medical

center or to provide and operate in Grant county a replacement

facility for Fort Bayard medical center;

BB. contracts for investment advisory services,

investment management services or other investment-related

services entered into by the educational retirement board, the

state investment officer or the retirement board created

pursuant to the Public Employees Retirement Act; and

CC. the purchase for resale by the state fair

commission of feed and other items necessary for the upkeep of

livestock."

Section 2. Section 13-1-164 NMSA 1978 (being Laws 1984,

Chapter 65, Section 137) is amended to read:

"13-1-164. SPECIFICATIONS--MAXIMUM PRACTICABLE

COMPETITION.--All specifications shall be drafted so as to

ensure maximum practicable competition and fulfill the

requirements of state agencies and local public bodies. In

preparing specifications, if, in the opinion of the state

purchasing agent or central purchasing office, a proposed

component is of a nature that would restrict the number of

responsible bidders or responsible offerors and thereby limit

competition, if practicable, the state purchasing agent or

central purchasing office shall draft the specifications

without the component and procure the component by issuing a

separate invitation for bids or request for proposals or by

entering into a sole source procurement."

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