44TH LEGISLATURE - STATE OF NEW MEXICO - FIRST SESSION, 1999

RELATING TO PUBLIC WORKS PROJECTS; INCREASING THE LISTING THRESHOLD FOR BIDS ON PUBLIC WORKS PROJECTS; PROVIDING FOR THE SUBMISSION OF SUBCONTRACTOR LISTS; AMENDING A SECTION OF THE SUBCONTRACTORS FAIR PRACTICES ACT.

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

Section 1. Section 13-4-34 NMSA 1978 (being Laws 1988, Chapter 18, Section 4, as amended) is amended to read:

"13-4-34. LISTING OF SUBCONTRACTORS--REQUIREMENTS.--

A. Any using agency taking bids for any public works construction project shall provide in the bidding documents prepared for that project a listing threshold which shall be [five thousand dollars ($5,000)] twenty-five thousand dollars ($25,000) or one-half of one percent of the architect's or engineer's estimate of the total project cost, not including alternates, whichever is greater. If the bidding documents do not include a listing threshold, [then] the using agency shall supply the listing threshold. If the listing threshold has not been included, the bid opening shall be postponed until the using agency has complied with this section. Any contractor or subcontractor interested in bidding may apply to the district court in the county in which the project will be located for an injunction preventing the bid opening until the using agency has complied with this section. Any person submitting a bid shall in his bid set forth:

(1) the name and the city or county of the place of business of each subcontractor under subcontract to the contractor who will perform work or labor or render service to the contractor in or about the construction of the public works construction project in an amount in excess of the listing threshold; and

(2) the category of the work that will be done by each subcontractor. The contractor shall list only one subcontractor for each category as defined by the contractor in his bid. The contractor shall submit his subcontractor list to the using agency not less than two hours prior to the deadline for bid submission.

B. A bid submitted by a contractor who fails to comply with the provisions of Subsection A of this section is a nonresponsive bid [which] that shall not be accepted by a using agency."

Section 2. EFFECTIVE DATE.--The effective date of the provisions of this act is July 1, 1999.