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SENATE BILL 206
57
TH LEGISLATURE
-
STATE
OF
NEW
MEXICO
-
FIRST SESSION
,
2025
INTRODUCED BY
Michael Padilla and Patricia A. Lundstrom and Joy Garratt
AN ACT
RELATING TO PROCUREMENT; AMENDING DEFINITIONS TO INCREASE
MINIMUM AMOUNTS FOR CERTAIN LOCAL PUBLIC WORKS PROJECTS AND
CERTAIN STATE PUBLIC WORKS PROJECTS; ADDING THE DEFINITION OF
"PUBLIC-PRIVATE PARTNERSHIP AGREEMENT" TO THE PROCUREMENT CODE;
REQUIRING STATE AGENCIES AND LOCAL PUBLIC BODIES TO PROVIDE UP
TO TWO NAMES FOR CHIEF PROCUREMENT OFFICERS; REQUIRING THAT A
CHIEF PROCUREMENT OFFICER CERTIFICATION PROGRAM BE MAINTAINED
BY THE STATE PURCHASING AGENT; ALLOWING APPROVED CONTINUING
EDUCATION UNITS TO BE USED FOR RECERTIFICATION; DEFINING
"CONTINUING EDUCATION UNITS"; INCREASING EXEMPTION MAXIMUM
AMOUNTS FOR CERTAIN PURCHASES; ALLOWING THE EARLY CHILDHOOD
EDUCATION AND CARE DEPARTMENT TO CONTRACT FOR CHILD CARE
SERVICES; ADDING EXEMPTIONS FOR INFORMATION TECHNOLOGY
ENTERPRISE SERVICES CAPITAL EQUIPMENT AND SOFTWARE CONTRACTS;
EXEMPTING CONTRACTS FOR DIGITIZING STATE OR FEDERAL RECORDS AND
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FOR APPRAISALS AND SURVEYS FOR PURCHASING REAL PROPERTY;
INCREASING SMALL PURCHASES AMOUNTS EXCLUDED FROM CENTRAL
PURCHASING; EXCLUDING CERTAIN SOLE SOURCE CONTRACTS FROM
CENTRAL PURCHASING FOR AGENCIES WITH A CERTIFIED PROCUREMENT
OFFICER AND ALLOWING THOSE CONTRACTS TO BE FOR TERMS LONGER
THAN ONE YEAR; CHANGING INVITATION FOR BIDS POSTING AND
PUBLICATION REQUIREMENTS AND EXPENDITURE AMOUNTS; PROVIDING FOR
MODIFICATION OR WITHDRAWAL NOTICES OF BIDS CONTAINING MISTAKES;
REQUIRING THAT PROFESSIONAL SERVICES CONTRACTS BE REVIEWED BY
THE STATE PURCHASING AGENT OR A GENERAL SERVICES DEPARTMENT
DESIGNEE; IDENTIFYING THE RESPONSIBLE INDIVIDUALS FOR
MANAGEMENT AND NEGOTIATIONS FOR CERTAIN QUALIFICATIONS-BASED
CONTRACTS; INCREASING THE AMOUNT FOR CERTAIN PURCHASES BY A
CENTRAL PURCHASING AGENT; ALLOWING STATE AGENCIES OR LOCAL
PUBLIC BODIES TO ISSUE CERTAIN DIRECT PURCHASE ORDERS; CHANGING
CERTAIN INTENT TO AWARD SOLE SOURCE CONTRACT REQUIREMENTS;
REQUIRING COST OR PRICING DATA BY PROSPECTIVE CONTRACTORS FOR
COMPETITIVE SEALED BIDS OR REQUESTS FOR PROPOSALS; INCREASING
MAXIMUM TERMS FOR PROFESSIONAL SERVICES CONTRACTS TO EIGHT
YEARS.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF NEW MEXICO:
SECTION 1. Section 13-1-66.1 NMSA 1978 (being Laws 1989,
Chapter 69, Section 4, as amended) is amended to read:
"13-1-66.1. DEFINITION--LOCAL PUBLIC WORKS PROJECT.--
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"Local public works project" means a project of a local public
body that uses architectural or engineering services requiring
professional services costing [fifty thousand dollars
($50,000)] one hundred thousand dollars ($100,000) or more or
landscape architectural or surveying services requiring
professional services costing ten thousand dollars ($10,000) or
more, excluding applicable state and local gross receipts
taxes."
SECTION 2. A new section of the Procurement Code, Section
13-1-66.2 NMSA 1978, is enacted to read:
"13-1-66.2. [NEW MATERIAL ] DEFINITION--PUBLIC-PRIVATE
PARTNERSHIP AGREEMENT.--"Public-private partnership agreement"
means an agreement between at least one public partner and one
private partner in which the public partner accepts a private
contribution to the research, development, design,
construction, financing, implementation, operation or
maintenance of any public asset or public benefit."
SECTION 3. A new section of the Procurement Code is
enacted to read:
"[NEW MATERIAL] DEFINITION--BEST OBTAINABLE PRICE.--"Best
obtainable price" means the price at which services or goods
can be purchased that is most advantageous to the purchasing
entity. The "best obtainable price" can be found by obtaining
quotes or by other appropriate methods."
SECTION 4. Section 13-1-91 NMSA 1978 (being Laws 1984,
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Chapter 65, Section 64, as amended by Laws 2007, Chapter 312,
Section 4 and by Laws 2007, Chapter 315, Section 2) is amended
to read:
"13-1-91. DEFINITION--STATE PUBLIC WORKS PROJECT.--"State
public works project" means a project of a state agency, not
including projects of the state educational institutions, the
supreme court building commission, the legislature or local
public bodies, that uses architectural or engineering services
requiring professional services costing [fifty thousand dollars
($50,000)] one hundred thousand dollars ($100,000) or more,
[or] including landscape architectural or surveying services
requiring professional services [costing ten thousand dollars
($10,000) or more], excluding applicable state and local gross
receipts taxes."
SECTION 5. Section 13-1-95.2 NMSA 1978 (being Laws 2013,
Chapter 70, Section 3) is amended to read:
"13-1-95.2. CHIEF PROCUREMENT OFFICERS--REPORTING
REQUIREMENT--TRAINING--CERTIFICATION.--
A. [On or before January 1 of each year beginning
in 2014] Each year before expiration of certification , and
every time a chief procurement officer is hired, each state
agency and local public body shall provide to the state
purchasing agent [the name of ] no more than two names of
certified chief procurement officers for the state agency's or
local public body's chief procurement [officer ] officers and
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information identifying the state agency's or local public
body's central purchasing office, if applicable.
B. The state purchasing agent shall maintain a list
of the names of the chief procurement officers reported to the
state purchasing agent by state agencies and local public
bodies. The state purchasing agent shall make the list of
chief procurement officers available to the public through the
[web site] website of the purchasing division of the general
services department and in any other appropriate form.
C. The state purchasing agent shall offer a
certification training program for chief procurement officers
each year.
D. [On or before January 1, 2015 ] The state
purchasing agent shall [establish ] maintain a certification
program for chief procurement officers that includes initial
certification and recertification every two years for all chief
procurement officers. In order to be recertified, a chief
procurement officer shall pass a recertification examination
approved by the secretary of general services or obtain sixteen
continuing education units approved by the secretary. As used
in this subsection, one contact hour is equal to one continuing
education unit and a "continuing education unit" means any
approved public procurement course or participation in the
evaluation and scoring of a request for proposal that is for an
entity other than the entity of the chief procurement officer
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requesting the recertification .
E. [On and after July 1, 2015 ] Only certified chief
procurement officers may do the following, except that persons
using procurement cards may continue to issue purchase orders
and authorize small purchases:
(1) make determinations, including
determinations regarding exemptions, pursuant to the
Procurement Code;
(2) issue purchase orders and authorize small
purchases pursuant to the Procurement Code; and
(3) approve procurement pursuant to the
Procurement Code."
SECTION 6. Section 13-1-98 NMSA 1978 (being Laws 1984,
Chapter 65, Section 71, as amended by Laws 2023, Chapter 149,
Section 2 and by Laws 2023, Chapter 174, Section 1) is amended
to read:
"13-1-98. EXEMPTIONS FROM THE PROCUREMENT CODE.--The
provisions of the Procurement Code shall not apply to:
A. procurement of items of tangible personal
property or services by a state agency or a local public body
from a state agency, a local public body or external
procurement unit except as otherwise provided in Sections
13-1-135 through 13-1-137 NMSA 1978;
B. procurement of tangible personal property or
services for the governor's mansion and grounds;
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C. printing and duplicating contracts involving
materials that are required to be filed in connection with
proceedings before administrative agencies or state or federal
courts;
D. purchases of publicly provided or publicly
regulated gas, electricity, water, sewer and refuse collection
services;
E. purchases of books, periodicals, instructional
materials and training materials in printed, digital or
electronic format from the publishers, designated public-
education-department-approved instructional material
depositories or copyright holders thereof and purchases of
print, digital or electronic format library materials by
public, school and state libraries for access by the public;
F. travel or shipping by common carrier or by
private conveyance or to meals and lodging;
G. purchase of livestock at auction rings or to the
procurement of animals to be used for research and
experimentation or exhibit;
H. contracts with businesses for public school
transportation services;
I. procurement of tangible personal property or
services, as defined by Sections 13-1-87 and 13-1-93 NMSA 1978,
by the corrections industries division of the corrections
department pursuant to rules adopted by the corrections
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industries commission, which shall be reviewed by the
purchasing division of the general services department prior to
adoption;
J. purchases not exceeding [ten thousand dollars
($10,000)] one hundred thousand dollars ($100,000) consisting
of magazine subscriptions, web-based or electronic
subscriptions, conference registration fees and other similar
purchases, but not including software licenses or maintenance
agreements, where prepayments are required;
K. municipalities having adopted home rule charters
and having enacted their own purchasing ordinances;
L. the issuance, sale and delivery of public
securities pursuant to the applicable authorizing statute, with
the exception of bond attorneys and general financial
consultants;
M. contracts entered into by a local public body
with a private independent contractor for the operation, or
provision and operation, of a jail pursuant to Sections 33-3-26
and 33-3-27 NMSA 1978;
N. contracts for maintenance of grounds and
facilities at highway rest stops and other employment
opportunities, excluding those intended for the direct care and
support of persons with handicaps, entered into by state
agencies with private, nonprofit, independent contractors who
provide services to persons with handicaps;
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O. contracts and expenditures for services or items
of tangible personal property to be paid or compensated by
money or other property transferred to New Mexico law
enforcement agencies by the United States department of justice
drug enforcement administration;
P. contracts for retirement and other benefits
pursuant to Sections 22-11-47 through 22-11-52 NMSA 1978;
Q. contracts with professional entertainers;
R. contracts and expenditures for legal
subscription and research services and litigation expenses in
connection with proceedings before administrative agencies or
state or federal courts, including experts, mediators, court
reporters, process servers and witness fees, but not including
attorney contracts;
S. contracts for service relating to the design,
engineering, financing, construction and acquisition of public
improvements undertaken in improvement districts pursuant to
Subsection L of Section 3-33-14.1 NMSA 1978 and in county
improvement districts pursuant to Subsection L of Section
4-55A-12.1 NMSA 1978;
T. works of art for museums or for display in
public buildings or places;
U. contracts entered into by a local public body
with a person, firm, organization, corporation or association
or a state educational institution named in Article 12, Section
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11 of the constitution of New Mexico for the operation and
maintenance of a hospital pursuant to Chapter 3, Article 44
NMSA 1978, lease or operation of a county hospital pursuant to
the Hospital Funding Act or operation and maintenance of a
hospital pursuant to the Special Hospital District Act;
V. purchases of advertising in all media, including
radio, television, print and electronic, but does not include
marketing purchases;
W. purchases of promotional goods intended for
resale by the tourism department;
X. procurement of printing, publishing and
distribution services for materials produced and intended for
resale by the cultural affairs department;
Y. procurement by or through the public education
department from the federal department of education relating to
parent training and information centers designed to increase
parent participation, projects and initiatives designed to
improve outcomes for students with disabilities and other
projects and initiatives relating to the administration of
improvement strategy programs pursuant to the federal
Individuals with Disabilities Education Act; provided that the
exemption applies only to procurement of services not to exceed
two hundred thousand dollars ($200,000);
Z. procurement of services from community
rehabilitation programs or qualified individuals pursuant to
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the State Use Act;
AA. purchases of products or services for eligible
persons with disabilities pursuant to the federal
Rehabilitation Act of 1973;
BB. procurement, by either the department of health
or Grant county or both, of tangible personal property,
services or construction that are exempt from the Procurement
Code pursuant to Section 9-7-6.5 NMSA 1978;
CC. contracts for investment advisory services,
investment management services or other investment-related
services entered into by the educational retirement board, the
state investment officer or the retirement board created
pursuant to the Public Employees Retirement Act;
DD. the purchase for resale by the state fair
commission of feed and other items necessary for the upkeep of
livestock;
EE. contracts entered into by the crime victims
reparation commission to distribute federal grants to assist
victims of crime, including grants from the federal Victims of
Crime Act of 1984 and the federal Violence Against Women Act of
1994;
FF. procurement by or through the early childhood
education and care department of early pre-kindergarten and
pre-kindergarten services purchased pursuant to the
Pre-Kindergarten Act;
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GG. procurement of services of commissioned
advertising sales representatives for New Mexico magazine;
HH. contracts entered into by the forestry division
of the energy, minerals and natural resources department to
distribute federal grants to nongovernmental entities and
individuals selected through an application process conducted
by the United States department of agriculture, the United
States department of the interior or any division or bureau
thereof for programs for wildfire prevention or protection,
urban forestry, forest and watershed restoration and
protection, reforestation or economic development projects to
advance the use of trees and wood biomass for hazardous fuel
reduction; [and]
II. contracts entered into by the early childhood
education and care department with licensed child care
businesses;
JJ. contracts to acquire and replace capital
licenses used to provide enterprise services pursuant to
Section 9-27-11 NMSA 1978;
KK. contracts for the digitization of state or
federal records;
LL. contracts for appraisals or surveys for the
sale or purchase of real property;
MM. slots for child care assistance for eligible
families procured by or through the early childhood education
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and care department; and
[II.] NN. procurements exempt from the Procurement
Code as otherwise provided by law."
SECTION 7. 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) ] ten thousand
dollars ($10,000);
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
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twenty thousand dollars ($20,000);
I. purchases of instructional materials;
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."
SECTION 8. Section 13-1-104 NMSA 1978 (being Laws 1984,
Chapter 65, Section 77, as amended) is amended to read:
"13-1-104. COMPETITIVE SEALED BIDS--PUBLIC NOTICE.--
A. An invitation for bids or a notice thereof shall
be published not less than [ten ] three calendar days prior to
the date set forth for the opening of bids. In the case of
purchases made by the state purchasing agent, the invitation or
notice shall be published at least once in at least [three ] two
newspapers of general circulation in this state [in addition,
an invitation or notice may be published electronically ] or by
posting the invitation or notice on the state purchasing
agent's [web site that is maintained for that purpose ] website.
In the case of purchases made by other central purchasing
offices, the invitation or notice shall be published at least
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once in a newspaper of general circulation in the area in which
the central purchasing office is located. These requirements
of publication are in addition to any other procedures that may
be adopted by central purchasing offices to notify prospective
bidders that bids will be received, including publication in a
trade journal, if available. If there is no newspaper of
general circulation in the area in which the central purchasing
office is located, such other notice may be given as is
commercially reasonable.
B. Central purchasing offices shall send copies of
the notice or invitation for bids involving the expenditure of
more than [twenty thousand dollars ($20,000) ] one hundred
thousand dollars ($100,000) to those businesses that have
signified in writing an interest in submitting bids for
particular categories of items of tangible personal property,
construction and services and that have paid any required fees.
A central purchasing office may set different registration fees
for different categories of services, construction or items of
tangible personal property, but such fees shall be related to
the actual, direct cost of furnishing copies of the notice or
invitation for bids to the prospective bidders. The fees shall
be used exclusively for the purpose of furnishing copies of the
notice or invitation for bids of proposed procurements to
prospective bidders.
C. A central purchasing office may satisfy the
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requirement of sending copies of a notice or invitation for
bids by distributing the documents to prospective bidders
through electronic media. Central purchasing offices shall not
require that prospective bidders receive a notice or invitation
for bids through electronic media.
D. As used in this section, "prospective bidders"
includes persons considering submission of a bid as a general
contractor for the construction contract and persons who may
submit bids to a general contractor for work to be
subcontracted pursuant to the construction contract. Central
purchasing offices shall make copies of invitations for bids
for construction contracts available to prospective bidders. A
central purchasing office may require prospective bidders who
have requested documents for bid on a construction contract to
pay a deposit for a copy of the documents for bid. The deposit
shall equal the full cost of reproduction and delivery of the
documents for bid. The deposit, less delivery charges, shall
be refunded if the documents for bid are returned in usable
condition within the time limits specified in the documents for
bid, which time limits shall be no less than ten calendar days
from the date of the bid opening. All forfeited deposits shall
be credited to the funds of the applicable central purchasing
office."
SECTION 9. Section 13-1-106 NMSA 1978 (being Laws 1984,
Chapter 65, Section 79) is amended to read:
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"13-1-106. COMPETITIVE SEALED BIDS--CORRECTION OR
WITHDRAWAL OF BIDS.--
A. A bid containing a mistake discovered before bid
opening may be modified or withdrawn by a bidder prior to the
time set for bid opening by delivering written or [telegraphic ]
electronic notice to the procurement manager or the individual
identified for notices in the request for proposals, rather
than the location designated in the invitation for bids as the
place where bids are to be received. After bid opening, no
modifications in bid prices or other provisions of bids shall
be permitted. A low bidder alleging a material mistake of fact
[which] that makes [his] the low bid nonresponsive may be
permitted to withdraw [its ] the low bid if:
(1) the mistake is clearly evident on the face
of the bid document; or
(2) the low bidder submits evidence [which ]
that clearly and convincingly demonstrates that a mistake was
made.
B. Any decision by a procurement officer to permit
or deny the withdrawal of a bid on the basis of a mistake
contained [therein] in the bid shall be supported by a
determination setting forth the grounds for the decision."
SECTION 10. Section 13-1-118 NMSA 1978 (being Laws 1984,
Chapter 65, Section 91, as amended) is amended to read:
"13-1-118. COMPETITIVE SEALED PROPOSALS--PROFESSIONAL
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SERVICES CONTRACTS--CONTRACT REVIEW.--All contracts for
professional services with state agencies shall be reviewed as
to form, legal sufficiency and budget requirements by the state
purchasing agent or a designee of the general services
department if required by the [regulations ] rules of the
department. This section does not apply to contracts entered
into by the legislative branch of state government, the
judicial branch of state government or the boards of regents of
state educational institutions named in Article 12, Section 11
of the constitution of New Mexico."
SECTION 11. Section 13-1-122 NMSA 1978 (being Laws 1984,
Chapter 65, Section 95, as amended) is amended to read:
"13-1-122. COMPETITIVE SEALED QUALIFICATIONS-BASED
PROPOSALS--RESPONSIBLE INDIVIDUAL --AWARD OF ARCHITECT,
ENGINEERING, LANDSCAPE ARCHITECT AND SURVEYING CONTRACTS.--
A. As used in this section, "responsible
individual" means:
(1) the director of the facilities management
division of the general services department or a designee of
that division;
(2) the secretary or [his ] the secretary's
designee [or];
(3) the secretary of [the highway and ]
transportation [department ] or [his] that secretary's designee;
(4) the secretary of cultural affairs or that
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secretary's designee; or
(5) a designee of a local public body.
B. The responsible individual shall negotiate a
contract with the highest qualified business for the
architectural, landscape architectural, engineering or
surveying services at compensation determined in writing to be
fair and reasonable. In making this decision, the [secretary
or his designee or the designee of a local public body ]
responsible individual shall take into account the estimated
value of the services to be rendered and the scope, complexity
and professional nature of the services. Should the [secretary
or his designee or the designee of a local public body ]
responsible individual be unable to negotiate a satisfactory
contract with the business considered to be the most qualified
at a price determined to be fair and reasonable, negotiations
with that business shall be formally terminated. The
[secretary or his designee or the designee of a local public
body] responsible individual shall then undertake negotiations
with the second most qualified business. Failing accord with
the second most qualified business, the [secretary or his
designee or a designee of a local public body ] responsible
individual shall formally terminate negotiations with that
business. The [secretary or his designee or the designee of
the local public body ] responsible individual shall then
undertake negotiations with the third most qualified business.
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Should the [secretary or his designee or a designee of a local
public body] responsible individual be unable to negotiate a
contract with any of the businesses selected by the committee,
additional businesses shall be ranked in order of their
qualifications and the [secretary or his designee or the
designee of a local public body ] responsible individual shall
continue negotiations in accordance with this section until a
contract is signed with a qualified business or the procurement
process is terminated and a new request for proposals is
initiated. [The secretary or the representative of a local
public body] If a contract is awarded, the responsible
individual shall publicly announce the business selected for
award."
SECTION 12. Section 13-1-125 NMSA 1978 (being Laws 1984,
Chapter 65, Section 98, as amended) is amended to read:
"13-1-125. SMALL PURCHASES.--
A. A central purchasing office shall procure
services, construction or items of tangible personal property
having a value not exceeding [sixty thousand dollars ($60,000) ]
one hundred thousand dollars ($100,000) , excluding applicable
state and local gross receipts taxes, in accordance with the
applicable small purchase rules adopted by the secretary, a
local public body or a central purchasing office that has the
authority to issue rules.
B. Notwithstanding the requirements of Subsection A
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of this section, a central purchasing office may procure
professional services having a value not exceeding [sixty
thousand dollars ($60,000) ] one hundred thousand dollars
($100,000), excluding applicable state and local gross receipts
taxes, except for the services of landscape architects or
surveyors for state public works projects or local public works
projects, in accordance with professional services procurement
rules promulgated by the general services department or a
central purchasing office with the authority to issue rules.
C. Notwithstanding the requirements of Subsection A
of this section, a state agency or a local public body may
procure services, construction or items of tangible personal
property having a value not exceeding [twenty thousand dollars
($20,000)] sixty thousand dollars ($60,000) , excluding
applicable state and local gross receipts taxes, by issuing a
direct purchase order to a contractor based upon the best
obtainable price.
D. Procurement requirements shall not be
artificially divided so as to constitute a small purchase under
this section."
SECTION 13. Section 13-1-126.1 NMSA 1978 (being Laws
2013, Chapter 40, Section 6, as amended) is amended to read:
"13-1-126.1. SOLE SOURCE CONTRACTS--NOTICE--PROTEST.--
A. At least [thirty] fifteen days before it awards
a sole source contract, the state purchasing agent shall post
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notice of its intent to award the contract on its website. At
least thirty days before it awards a sole source contract, a
central purchasing office shall post notice of its intent to
award the contract on its website, if it maintains one, and
shall transmit the notice to the state purchasing agent for
posting on the state purchasing agent's website. In each case,
the notice shall identify, at a minimum:
(1) the parties to the proposed contract;
(2) the nature and quantity of the service,
construction or item of tangible personal property being
contracted for; and
(3) the contract amount.
B. Any qualified potential contractor that was not
selected for a proposed sole source contract may protest the
selection in writing, within fifteen calendar days after the
notice of intent to award the contract was posted by the state
purchasing agent or central purchasing office, by submitting
the protest to the state purchasing agent or central purchasing
office, as appropriate. The state purchasing agent or central
purchasing office shall then reconsider its selection."
SECTION 14. Section 13-1-138 NMSA 1978 (being Laws 1984,
Chapter 65, Section 111) is amended to read:
"13-1-138. COST OR PRICING DATA REQUIRED.--When required
by the state purchasing agent or a central purchasing office, a
prospective contractor shall submit cost or pricing data when
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the contract is expected to exceed [twenty-five thousand
dollars ($25,000)] sixty thousand dollars ($60,000) and is to
be awarded by [a method other than ] competitive sealed [bids ]
bid or request for proposals ."
SECTION 15. Section 13-1-150 NMSA 1978 (being Laws 1984,
Chapter 65, Section 123, as amended) is amended to read:
"13-1-150. MULTI-TERM CONTRACTS--SPECIFIED PERIOD.--
A. A multi-term contract for items of tangible
personal property, construction or services except for
professional services, in an amount under twenty-five thousand
dollars ($25,000), may be entered into for any period of time
deemed to be in the best interests of the state agency or a
local public body not to exceed four years; provided that the
term of the contract and conditions of renewal or extension, if
any, are included in the specifications and funds are available
for the first fiscal period at the time of contracting. If the
amount of the contract is twenty-five thousand dollars
($25,000) or more, the term shall not exceed ten years,
including all extensions and renewals, except that for a
contract entered into pursuant to the Public Facility Energy
Efficiency and Water Conservation Act, the term shall not
exceed twenty-five years, including all extensions and
renewals. Payment and performance obligations for succeeding
fiscal periods shall be subject to the availability and
appropriation of funds therefor.
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B. A contract for professional services may not
exceed [four] eight years, including all extensions and
renewals, except for the following:
(1) services required to support or operate
federally certified medicaid, financial assistance and child
support enforcement management information or payment systems;
(2) services to design, develop or implement
the taxation and revenue information management systems project
authorized by Laws 1997, Chapter 125;
(3) a multi-term contract for the services of
trustees, escrow agents, registrars, paying agents, letter of
credit issuers and other forms of credit enhancement and other
similar services, excluding bond attorneys, underwriters and
financial advisors with regard to the issuance, sale and
delivery of public securities, may be for the life of the
securities or as long as the securities remain outstanding;
(4) services relating to the implementation,
operation and administration of the Education Trust Act;
(5) services relating to measurement and
verification of conservation-related cost savings and utility
cost savings pursuant to the Public Facility Energy Efficiency
and Water Conservation Act;
(6) services relating to the design and
engineering of a state public works project:
(a) for a period not to exceed the
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requisite time for project completion and a subsequent warranty
period; and
(b) upon approval of the secretary of
finance and administration; [and ]
(7) services relating to the design and
engineering of a regional water project with an estimated cost
of more than five hundred million dollars ($500,000,000):
(a) for a period not to exceed the
requisite time for project completion and a subsequent warranty
period; and
(b) upon approval of the secretary of
finance and administration; and
(8) a public-private partnership agreement.
C. A sole source contract shall not exceed four
years, including all extensions and renewals ."
SECTION 16. EFFECTIVE DATE.--The effective date of the
provisions of this act is July 1, 2025.
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