SENATE BILL 363

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

INTRODUCED BY

Vernon D. Asbill

FOR THE PUBLIC SCHOOL CAPITAL OUTLAY OVERSIGHT TASK FORCE

AN ACT

RELATING TO PROCUREMENT; PROVIDING CERTAIN EXCEPTIONS TO THE BONDING REQUIREMENT FOR SUBCONTRACTORS.

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

     Section 1. Section 13-1-148.1 NMSA 1978 (being Laws 2005, Chapter 99, Section 1, as amended) is amended to read:

     "13-1-148.1. BONDING OF SUBCONTRACTORS.--

          A. Except as provided in Subsection B of this section, a subcontractor shall provide a performance and payment bond on a public works building project if the subcontractor's contract for work to be performed on a project is one hundred twenty-five thousand dollars ($125,000) or more.

          B. The bonding requirement of Subsection A of this section does not apply to a subcontractor on a public works project:

                (1) that is a design and build project delivery system selected by the use of competitive sealed proposals;

                (2) in which the prime contractor is a construction manager at risk selected pursuant to the Educational Facility Construction Manager At Risk Act; or

                (3) in which the prime contractor was selected by the use of competitive qualifications-based proposals."

     Section 2. EFFECTIVE DATE.--The effective date of the provisions of this act is July 1, 2009.

- 2 -