HBIC/HBIC/

HB 1147

Page 1

AN ACT

RELATING TO PROCUREMENT; REVISING DEFINITIONS FOR "LOCAL

PUBLIC WORKS PROJECT" AND "STATE PUBLIC WORKS PROJECT";

RAISING THE SMALL PURCHASE PROCUREMENT LIMITS FOR PROFESSIONAL

SERVICES AND CONSTRUCTION SERVICES.

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 that uses architectural or engineering services requiring

professional services costing fifty thousand dollars ($50,000)

or more or landscape architectural or surveying services

requiring professional services costing ten thousand dollars

($10,000) 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, that uses architectural or

engineering services requiring professional services costing

HBIC/HBIC/

HB 1147

Page 2

fifty thousand dollars ($50,000) or more or landscape

architectural or surveying services requiring professional

services costing ten thousand dollars ($10,000) or more,

excluding applicable state and local gross receipts taxes."

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 fifty

thousand dollars ($50,000), excluding applicable state and

local gross receipts taxes, except for the services of

landscape architects 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 ten thousand dollars

($10,000) 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."

HBIC/HBIC/

HB 1147

Page 3