HOUSE BILL 787

49th legislature - STATE OF NEW MEXICO - first session, 2009

INTRODUCED BY

Sheryl Williams Stapleton

AN ACT

RELATING TO PROCUREMENT; AMENDING THE PROCUREMENT CODE TO ALLOW THE USE OF INDEFINITE QUANTITY CONTRACTS BY STATE AGENCIES; ADDING AN EXCLUSION TO THE SEALED BID REQUIREMENT; INCREASING THE DOLLAR LIMITATIONS ON USE; DECLARING AN EMERGENCY.

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

     Section 1. Section 13-1-102 NMSA 1978 (being Laws 1984, Chapter 65, Section 75, as amended) is amended to read:

     "13-1-102. COMPETITIVE SEALED BIDS REQUIRED.--All procurement shall be achieved by competitive sealed bid pursuant to Sections 13-1-103 through 13-1-110 NMSA 1978, except procurement achieved pursuant to the following sections of the Procurement Code:

          A. Sections 13-1-111 through 13-1-122 NMSA 1978, competitive sealed proposals;

          B. Section 13-1-125 NMSA 1978, small purchases;

          C. Section 13-1-126 NMSA 1978, sole source procurement;

          D. Section 13-1-127 NMSA 1978, emergency procurements;

          E. Section 13-1-129 NMSA 1978, existing contracts;

          F. Section 13-1-130 NMSA 1978, purchases from antipoverty program businesses; [and]

          G. the Educational Facility Construction Manager At Risk Act; and

          H. Section 13-1-154.1 NMSA 1978, multiple source contracts; architectural and design service contracts; and indefinite quantity construction contracts."

     Section 2. Section 13-1-154.1 NMSA 1978 (being Laws 2007, Chapter 312, Section 1) is amended to read:

     "13-1-154.1. MULTIPLE SOURCE CONTRACTS--ARCHITECTURAL AND DESIGN SERVICE CONTRACTS--INDEFINITE QUANTITY CONSTRUCTION CONTRACTS.--

          A. A state agency may procure multiple architectural or engineering design service contracts for multiple projects under a single qualifications-based request for proposals, provided the total amount of a contract and all renewals does not exceed two hundred thousand dollars ($200,000) over four years.

          B. A state agency may procure multiple indefinite quantity construction contracts pursuant to a price agreement for multiple projects under a single request for proposals, provided the total amount of a contract and all renewals does not exceed two million dollars ($2,000,000) [over four years] annually and the contract provides that any one purchase order under the contract may not exceed five hundred thousand dollars ($500,000).

          C. A state agency may make procurements in accordance with the provision of Subsection A or B of this section if:

                (1) the advertisement and request for proposals states that multiple contracts may or will be awarded, states the number of contracts that may or will be awarded and describes the services or construction to be performed under each contract;

                (2) there is a single selection process for all of the multiple contracts, except that for each contract there may be a separate final list and a separate negotiation of contract terms;

                (3) each of the multiple contracts for professional design services or construction shall have a term not exceeding four years, including all extensions and renewals;

                (4) a contract shall not be awarded pursuant to this section to a firm that is currently performing under a contract issued pursuant to this section if the total amount of all contracts issued by a single state agency pursuant to this section to that firm would exceed:

                     (a) two hundred thousand dollars ($200,000) in any four-year period, for architectural or engineering design services; or

                     (b) [two million dollars ($2,000,000)] eight million dollars ($8,000,000) in any four-year period, for construction services; and

                (5) the procurement is subject to the limitations of Sections 13-1-150 through 13-1-154 NMSA 1978."

     Section 3. EMERGENCY.--It is necessary for the public peace, health and safety that this act take effect immediately.

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