HOUSE BILL 235

49th legislature - STATE OF NEW MEXICO - second session, 2010

INTRODUCED BY

Danice Picraux

AN ACT

RELATING TO PROCUREMENT; AMENDING THE STATE USE ACT TO ALLOW CERTAIN MATTERS TO BE DECIDED BY THE NEW MEXICO COUNCIL FOR PURCHASING FROM PERSONS WITH DISABILITIES AND TO PROVIDE THAT THE PROCUREMENT CODE IS APPLICABLE TO CERTAIN TYPES OF PROCUREMENT.

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

     Section 1. Section 13-1C-1 NMSA 1978 (being Laws 2005, Chapter 334, Section 1) is amended to read:

     "13-1C-1. SHORT TITLE.--[Sections 1 through 7 of this act] Chapter 13, Article 1C NMSA 1978 may be cited as the "State Use Act"."

     Section 2. Section 13-1C-7 NMSA 1978 (being Laws 2005, Chapter 334, Section 7) is amended to read:

     "13-1C-7. PROCUREMENT BY STATE AGENCIES AND LOCAL PUBLIC BODIES--COOPERATIVE AGREEMENTS.--

          A. Except as provided in Subsection B of this section, a state agency or local public body intending to procure a service on a list published by the council shall, in accordance with rules of the council, procure the service at the price established by the council if the service is available within the period required by the state agency or local public body; provided that, if the state agency or local public body believes that the available service is not suitable for the needs of the state agency or local public body or is available elsewhere for a lower price, the following procedures shall apply:

                (1) the state agency or local public body shall, in writing, request a hearing before the council and submit documents to the council that support the agency's or local public body's position;

                (2) upon receipt of the request, the council shall notify interested parties and, within thirty days of receiving the request, the council shall hold a hearing on the matter at which interested persons may submit evidence or opinions;

                (3) within ten days of the hearing, the council shall report its decision. In its decision, the council may:

                     (a) decide that the service is not suitable for the state agency or local public body or cannot be provided at a fair price, in which case the service shall be procured pursuant to the Procurement Code;

                     (b) adjust the price of the service or the components of the service, in which case the service shall be provided pursuant to the State Use Act; or

                     (c) decide that the established price is a fair price for the service or that the service is suitable for the state agency or local public body, in which case the service shall be provided pursuant to the State Use Act; and

                (4) the decision of the council is final and not subject to appeal.

          B. Sole source procurements or emergency procurements shall be obtained only through the provisions of the Procurement Code. A state agency or local public body seeking to procure professional services, as that term is defined in the Procurement Code, may, in its discretion, either follow the provisions of the Procurement Code or the procedures of the State Use Act.

          C. Procurement pursuant to the State Use Act is exempt from the provisions of the Procurement Code.

          [B.] D. The council and a state agency or local public body may enter into a cooperative agreement for effective coordination of the objectives of the State Use Act and any other law requiring procurement of services from a state agency or local public body."

     Section 3. EFFECTIVE DATE.--The effective date of the provisions of this act is July 1, 2010.

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