New Mexico 2025 2025 Regular Session

New Mexico Senate Bill SB217 Introduced / Fiscal Note

Filed 02/11/2025

                    Fiscal impact reports (FIRs) are prepared by the Legislative Finance Committee (LFC) for standing finance 
committees of the Legislature. LFC does not assume responsibility for the accuracy of these reports if they 
are used for other purposes. 
 
F I S C A L    I M P A C T    R E P O R T 
 
 
SPONSOR Sen. Padilla
/Rep. Sarinana 
LAST UPDATED 
ORIGINAL DATE   2/10/2025 
 
SHORT TITLE DoIT Role in Procurement 
BILL 
NUMBER Senate Bill 217 
  
ANALYST Hilla 
ESTIMATED ADDITIONAL OPERATING BUDGET IMPACT* 
(dollars in thousands) 
Agency/Program 
FY25 FY26 FY27 
3 Year 
Total Cost 
Recurring or 
Nonrecurring 
Fund 
Affected 
GSD No fiscal impact Up to $120.0 Up to $120.0 Up to $240.0 Recurring 
Other state 
funds 
Total No fiscal impact Up to $120.0 Up to $120.0 Up to $240.0 Recurring 
Other state 
funds 
Parentheses ( ) indicate expenditure decreases. 	*Amounts reflect most recent analysis of this legislation. 
 
Sources of Information 
 
LFC Files 
 
Agency Analysis Received From 
Department of Information Technology (DoIT) 
Office of Broadband Access and Expansion (OBAE) 
General Services Department (GSD) 
State Ethics Commission (SEC) 
 
Agency Analysis was Solicited but Not Received From 
Department of Finance and Administration (DFA) 
 
SUMMARY 
 
Synopsis of Senate Bill 217   
 
Senate Bill 217 (SB217) amends Section 9-27-6 NMSA 1978 to remove oversight of IT 
purchases and contracts from the duties of the secretary of the Department of Information 
Technology (DoIT. The amendments allow the DoIT Secretary to remain involved in reviewing 
agency IT projects prior to procurement but consolidates the procurement process under the 
General Services Department (GSD) in accordance with the Procurement Code.  
 
This bill does not contain an effective date and, as a result, would go into effect 90 days after the 
Legislature adjourns if enacted, or June 20, 2025. 
 
FISCAL IMPLICATIONS  
 
GSD states SB217 would require an additional full-time employee (FTE) at a cost of up to $120 
thousand. This would affect the department’s Purchasing Division fees fund, which receives 
revenue from actual, direct costs of furnishing copies of a public notice or invitation for bids to 
the prospective bidders. The addition allows for support of duties previously performed by DoIT.   Senate Bill 217 – Page 2 
 
 
SIGNIFICANT ISSUES 
 
DoIT states SB217 would create efficiency, more specifically for DoIT, GSD, and the 
Department of Finance and Administration (DFA), by reducing redundancy. GSD and DFA 
currently have oversight authority for executive branch procurements, with an additional layer of 
DoIT oversight for IT procurement, which previously had delayed some IT project procurement 
due to the back-and-forth among the three agencies.  
 
DoIT states that it approved 248 procurements in FY24, totaling $352.9 million, which includes 
211 contracts, 27 contract amendments, and 10 requests for proposals. DoIT currently oversees 
53 open agency IT projects that total over $1 billion across all streams of funding. However, the 
additional layer of IT procurement oversight at the agency has distracted from project 
management. This change would allow DoIT to stay involved in IT project procurement but to 
focus on the project itself before procurement occurs.  
 
Enactment of SB217 risks removing important elements from the IT procurement oversight. The 
current IT procurement contract is unique and captures information not available in GSD’s 
contract templates. Collaboration on the contract template is imperative to ensure procurement 
for IT projects captures necessary information, such as independent verification and validation 
(IV&V), a third party that monitors an IT project’s status, and performance bonds, in which 
payment is withheld until deliverables are completed by the vendor to ensure project timeliness. 
Without both DoIT and GSD working on contract templates, key elements such as IV&V and 
performance bonds have the potential to be omitted, which could significantly impact the status 
of an IT project and accountability from vendors. Given the number of open projects, rising IT 
costs, and project delays, it is critical for DoIT to still provide an oversight role in contract 
templates should SB217 be enacted.  
 
PERFORMANCE IMPLICATIONS 
 
SB217 will streamline efficiency at both DoIT and GSD. DoIT can focus on managing projects, 
eliminate redundancies, and allow all procurement to be housed at GSD. DoIT states this 
transition would allow for better planning and involvement in IT projects to help address project 
issues in a more thorough and timely manner. There could be potential cost savings to the state if 
DoIT can fully transition to a project management role so agencies do not have to outsource 
project managers at high costs for IT projects.  
 
ADMINISTRATIVE IMPLICATIONS  
 
DoIT would engage with agencies during development of the contract’s statement of work 
(SOW) in advance of submitting the contract to GSD. Once the SOW is approved, the contract 
can be released for final review and processing by GSD.  
 
 
EH/hj/hg