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AN ACT

RELATING TO PROCUREMENT; REQUIRING A PROCURING STATE AGENCY

OR LOCAL PUBLIC BODY TO INDICATE THE APPLICABLE PUBLIC

OFFICIALS FOR WHICH DISCLOSURE OF CAMPAIGN CONTRIBUTIONS BY

PROSPECTIVE CONTRACTORS IS REQUIRED PURSUANT TO THE

PROCUREMENT CODE; PROVIDING FOR THE ISSUANCE OF CAMPAIGN

CONTRIBUTION DISCLOSURE FORMS AS PART OF REQUESTS FOR

COMPETITIVE SEALED PROPOSALS; ALLOWING REMEDIES PROVIDED BY

THE PROCUREMENT CODE TO BE USED FOR VIOLATIONS OF THE

CAMPAIGN CONTRIBUTION DISCLOSURE REQUIREMENTS FOR PROSPECTIVE

CONTRACTORS.

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

Section 1. Section 13-1-112 NMSA 1978 (being Laws 1984,

Chapter 65, Section 85, as amended) is amended to read:

"13-1-112. COMPETITIVE SEALED PROPOSALS--REQUEST FOR

PROPOSALS.--

A. Competitive sealed proposals, including

competitive qualifications-based proposals, shall be

solicited through a request for proposals that shall be

issued and shall include:

(1) the specifications for the services or

items of tangible personal property to be procured;

(2) all contractual terms and conditions

applicable to the procurement;

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(3) the form for disclosure of campaign

contributions given by prospective contractors to applicable

public officials pursuant to Section 13-1-191.1 NMSA 1978;

and

(4) the location where proposals are to be

received and the date, time and place where proposals are to

be received and reviewed.

B. A request for proposals may, pursuant to

Section 13-1-95.1 NMSA 1978, require that all or a portion of

a responsive proposal be submitted electronically.

C. In the case of requests for competitive

qualifications-based proposals, price shall be determined by

formal negotiations related to scope of work."

Section 2. Section 13-1-191.1 NMSA 1978 (being Laws

2006, Chapter 81, Section 1) is amended to read:

"13-1-191.1. CAMPAIGN CONTRIBUTION DISCLOSURE AND

PROHIBITION.--

A. This section applies to prospective contractors

with the state or a local public body.

B. A prospective contractor subject to this

section shall disclose all campaign contributions given by

the prospective contractor or a family member or

representative of the prospective contractor to an applicable

public official of the state or a local public body during

the two years prior to the date on which a proposal is

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submitted or, in the case of a sole source or small purchase

contract, the two years prior to the date on which the

contractor signs the contract, if the aggregate total of

contributions given by the prospective contractor or a family

member or representative of the prospective contractor to the

public official exceeds two hundred fifty dollars ($250) over

the two-year period.

C. The disclosure shall indicate the date, the

amount, the nature and the purpose of the contribution. The

disclosure statement shall be on a form developed and made

available electronically by the department of finance and

administration to all state agencies and local public bodies.

The state agency or local public body that procures the

services or items of tangible personal property shall

indicate on the form the name or names of every applicable

public official, if any, for which disclosure is required by

a prospective contractor for each competitive sealed

proposal, sole source or small purchase contract. The form

shall be filed with the state agency or local public body as

part of the competitive sealed proposal, or in the case of a

sole source or small purchase contract, on the date on which

the contractor signs the contract.

D. A prospective contractor submitting a

disclosure statement pursuant to this section who has not

contributed to an applicable public official, whose family

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members have not contributed to an applicable public official

or whose representatives have not contributed to an

applicable public official shall make a statement that no

contribution was made.

E. A prospective contractor or a family member or

representative of the prospective contractor shall not give a

campaign contribution or other thing of value to an

applicable public official or the applicable public

official's employees during the pendency of the procurement

process or during the pendency of negotiations for a sole

source or small purchase contract.

F. A solicitation or proposed award for a proposed

contract may be canceled pursuant to Section 13-1-181 NMSA

1978 or a contract that is executed may be ratified or

terminated pursuant to Section 13-1-182 NMSA 1978 if:

(1) a prospective contractor fails to submit

a fully completed disclosure statement pursuant to this

section; or

(2) a prospective contractor or family

member or representative of the prospective contractor gives

a campaign contribution or other thing of value to an

applicable public official or the applicable public

official's employees during the pendency of the procurement

process.

G. As used in this section:

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(1) "applicable public official" means a

person elected to an office or a person appointed to complete

a term of an elected office, who has the authority to award

or influence the award of the contract for which the

prospective contractor is submitting a competitive sealed

proposal or who has the authority to negotiate a sole source

or small purchase contract that may be awarded without

submission of a sealed competitive proposal;

(2) "family member" means a spouse, father,

mother, child, father-in-law, mother-in-law, daughter-in-law

or son-in-law of:

(a) a prospective contractor, if the

prospective contractor is a natural person; or

(b) an owner of a prospective

contractor;

(3) "pendency of the procurement process"

means the time period commencing with the public notice of

the request for proposals and ending with the award of the

contract or the cancellation of the request for proposals;

(4) "prospective contractor" means a person

or business that is subject to the competitive sealed

proposal process set forth in the Procurement Code or is not

required to submit a competitive sealed proposal because that

person or business qualifies for a sole source or small

purchase contract; and

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(5) "representative of the prospective

contractor" means an officer or director of a corporation, a

member or manager of a limited liability corporation, a

partner of a partnership or a trustee of a trust of the

prospective contractor."

Section 3. EFFECTIVE DATE.--The effective date of the

provisions of this act is July 1, 2007.