SENATE BILL 146

55th legislature - STATE OF NEW MEXICO - second session, 2022

INTRODUCED BY

Pete Campos

AN ACT

RELATING TO PROCUREMENT; EXCLUDING COOPERATIVE PROCUREMENT BY STATE AGENCIES FROM THE REQUIREMENT OF PROCUREMENT THROUGH THE STATE PURCHASING AGENT; AUTHORIZING A STATE AGENCY OR LOCAL PUBLIC BODY TO JOIN AN EXISTING COOPERATIVE PROCUREMENT AGREEMENT FOR THE PROCUREMENT OF SERVICES, CONSTRUCTION OR ITEMS OF TANGIBLE PERSONAL PROPERTY.

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

     SECTION 1. Section 13-1-99 NMSA 1978 (being Laws 1984, Chapter 65, Section 72, as amended) is amended to read:

     "13-1-99. EXCLUDED FROM CENTRAL PURCHASING THROUGH THE STATE PURCHASING AGENT.--Excluded from the requirement of procurement through the state purchasing agent but not from the requirements of the Procurement Code are the following:

          A. procurement of professional services;

          B. small purchases having a value not exceeding one thousand five hundred dollars ($1,500);

          C. emergency procurement;

          D. procurement of highway construction or reconstruction by the department of transportation;

          E. procurement by the judicial branch of state government;

          F. procurement by the legislative branch of state government;

          G. procurement by the boards of regents of state educational institutions named in Article 12, Section 11 of the constitution of New Mexico;

          H. procurement by the state fair commission of tangible personal property, services and construction under twenty thousand dollars ($20,000);

          I. purchases from the instructional material fund;

          J. procurement by all local public bodies;

          K. procurement by regional education cooperatives;

          L. procurement by charter schools;

          M. procurement by each state health care institution that provides direct patient care and that is, or a part of which is, medicaid certified and participating in the New Mexico medicaid program; [and]

          N. procurement by the public school facilities authority; and

          O. procurement by a state agency of tangible personal property, services or construction in accordance with a cooperative procurement agreement pursuant to Section 13-1-135 NMSA 1978."

     SECTION 2. Section 13-1-135 NMSA 1978 (being Laws 1984, Chapter 65, Section 108, as amended) is amended to read:

     "13-1-135. COOPERATIVE PROCUREMENT AUTHORIZED.--

          A. [Any] A state agency or local public body may [either] participate in, sponsor or administer a cooperative procurement agreement or join an existing cooperative procurement agreement for the procurement of any services, construction or items of tangible personal property with any other state agency, local public body or external procurement unit in accordance with an agreement entered into and approved by the governing authority of each of the state agencies, local public bodies or external procurement units involved. The cooperative procurement agreement shall clearly specify the purpose of the agreement and the method by which the purpose will be accomplished. Any power exercised [under] in accordance with a cooperative procurement agreement entered into pursuant to this subsection shall be limited to the central purchasing authority common to the contracting parties, even though one or more of the contracting parties may be located outside this state. An approved and signed copy of all cooperative procurement agreements entered into pursuant to this subsection shall be filed with the state purchasing agent. A cooperative procurement agreement entered into pursuant to this subsection is limited to the procurement of items of tangible personal property, services or construction.

          B. Notwithstanding the provisions of Subsection A of this section, a cooperative procurement agreement providing for mutually held funds or for other terms and conditions involving public funds or property included in Section 11-1-4 NMSA 1978 shall be entered into pursuant to the provisions of the Joint Powers Agreements Act.

          C. Central purchasing offices other than the state purchasing agent may cooperate by agreement with the state purchasing agent in obtaining contracts or price agreements, and such contract or agreed prices shall apply to purchase orders subsequently issued under the agreement."

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