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SENATE BILL 408
57TH LEGISLATURE - STATE OF NEW MEXICO - FIRST SESSION, 2025
INTRODUCED BY
David M. Gallegos and Pete Campos
and Roberto "Bobby" J. Gonzales
AN ACT
RELATING TO PROCUREMENT; INCREASING THE LIMIT ON THE TOTAL
AMOUNT ON CONTRACTS FOR PROCUREMENT OF ARCHITECTURAL AND
ENGINEERING SERVICES AND CONSTRUCTION THAT STATE AGENCIES AND
LOCAL PUBLIC BODIES MAY ENTER INTO AND FOR PURCHASE ORDERS
UNDER THE CONTRACTS.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF NEW MEXICO:
SECTION 1. Section 13-1-154.1 NMSA 1978 (being Laws 2007,
Chapter 312, Section 1, as amended) is amended to read:
"13-1-154.1. MULTIPLE SOURCE CONTRACTS--ARCHITECTURAL AND
ENGINEERING SERVICES CONTRACTS--INDEFINITE QUANTITY
CONSTRUCTION CONTRACTS.--
A. A state agency or local public body may procure
multiple architectural or engineering services contracts for
multiple projects under a single qualifications-based request
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for proposals; provided that the total amount of multiple
contracts and all renewals for a single contractor does not
exceed seven million five hundred thousand dollars ($7,500,000)
over four years and that a single contract, including any
renewals, does not exceed [six hundred fifty thousand dollars
($650,000)] two million dollars ($2,000,000) .
B. A state agency or local public body may procure
multiple indefinite quantity construction contracts pursuant to
a price agreement for multiple projects under a single request
for proposals; provided that the total amount of [a contract ]
all contracts and all renewals does not exceed [twelve million
five hundred thousand dollars ($12,500,000) over three ] thirty
million dollars ($30,000,000) in a period of no more than ten
years and the contract provides that any one purchase order
under the contract may not exceed [four million dollars
($4,000,000)] seven million dollars ($7,000,000) .
C. A state agency or local public body may make
procurements in accordance with the provisions of Subsection A
or B of this section if:
(1) the advertisement and request for
proposals states that multiple contracts may or will be
awarded, states the number of contracts that may or will be
awarded and describes the services or construction to be
performed under each contract;
(2) there is a single selection process for
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all of the multiple contracts, except that for each contract
there may be a separate final list and a separate negotiation
of contract terms; and
(3) each of the multiple contracts for
architectural or engineering services has a term not exceeding
four years, or for construction, has a term not exceeding three
years, each including all extensions and renewals.
D. A contract to be awarded pursuant to this
section to a firm that is currently performing under a contract
issued pursuant to this section shall not cause the total
amount of all contracts issued pursuant to this section to that
firm to exceed:
(1) [seven million five hundred thousand
dollars ($7,500,000)] fifteen million dollars ($15,000,000) in
any four-year period for architectural or engineering services;
or
(2) [twelve million five hundred thousand
dollars ($12,500,000) ] thirty million dollars ($30,000,000) in
any [three-year] ten-year period for construction.
E. Procurement pursuant to this section is subject
to the limitations of Sections 13-1-150 through 13-1-154 NMSA
1978.
F. A state agency and a local public body, not
including an agency of the legislative or judicial branch of
state government, shall report to the legislative finance
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committee on an annual basis and to the purchasing division of
the general services department on, at minimum, a quarterly
basis the aggregate amount of contracts for each contractor and
the corresponding amounts to be spent under each multiple
source contract pursuant to this section. The general services
department may promulgate rules regarding reporting to the
department pursuant to this subsection."
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