New Mexico 2022 Regular Session Status: Enacted 1 D cosponsors

SB 84 — CONSTRUCTION MANAGER GENERAL CONTRACTOR ACT

Last action — Signed

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  1. ✓
    Introduced
  2. ✓
    In Committee
  3. ✓
    Passed Senate
  4. ✓
    Passed House
  5. ✓
    To Executive
  6. 6
    Enacted

This bill has been enacted into law. Introduced January 19, 2022. Enacted.

Prognosis

Advancing 54% · moderate confidence

Where this bill stands today.

Odds of enactment

High

How often bills like it became law.

  • Enacted

    Current position in the legislative process.

  • 2 sponsors

    2 primary, 0 co-sponsors signed on.

  • Single-party support

    Sponsorship is currently within one party (1 D).

Prognosis reads this bill's own signals — stage, sponsorship breadth, committee status, recorded votes and cross-state momentum. Odds come from a model trained on which bills have become law.

Bill Text

What changed in the latest version

276 added · 408 removed

Plain-language change summary

The new version of SB 84 adds specific definitions and a formal title for the "Transportation Construction Manager General Contractor Act." It establishes clear roles for construction managers in overseeing transportation projects, providing an alternative to traditional bidding methods. This change is significant because it aims to streamline the procurement process, potentially leading to faster and more efficient project completion by reducing red tape and enabling more flexibility in project management.

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SENATE JUDICIARY COMMITTEE SUBSTITUTE FOR SENATE BILL 84 55TH LEGISLATURE- STATE OF NEW MEXICO - SECOND SESSION, 2022 4 6 8 10 AN ACT RELATING TO PROCUREMENT;
AN ACT RELATING TO PROCUREMENT;
ELIMINATING THE CAP FOR DESIGN AND BUILD PROCUREMENT FOR CERTAIN TRANSPORTATION e t 17 PROJECTS;
ELIMINATING THE CAP FOR DESIGN AND BUILD PROCUREMENT FOR CERTAIN TRANSPORTATION PROJECTS;
SPECIFYING ALTERNATIVES TO THE DESIGN-BID-BUILD w l n d 18 PROJECT DELIVERY METHOD FOR TRANSPORTATION PROJECTS.
SPECIFYING ALTERNATIVES TO THE DESIGN-BID-BUILD PROJECT DELIVERY METHOD FOR TRANSPORTATION PROJECTS.
= = 19 a l i a e r 20 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF NEW MEXICO:
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF NEW MEXICO:
a t m m 21 SECTION 1.
SECTION 1.
A new section of the Procurement Code, Section d r e 22 13-1-122.1 NMSA 1978, is enacted to read:
A new section of the Procurement Code, Section 13-1-122.1 NMSA 1978, is enacted to read:
c e s k 23 "13-1-122.1.
"13-1-122.1.
[NEW MATERIAL] SHORT TITLE.--Sections e a n b 24 13-1-122.1 through 13-1-122.4 NMSA 1978 may be cited as the u [ "Transportation Construction Manager General Contractor Act"." .222604.3 SJC/SB 84 SECTION 2.
SHORT TITLE.--Sections 13-1-122.1 through 13-1-122.4 NMSA 1978 may be cited as the "Transportation Construction Manager General Contractor Act"." SECTION 2.
[NEW MATERIAL] DEFINITIONS.--As used in the Transportation Construction Manager General Contractor Act:
DEFINITIONS.--As used in the Transportation Construction Manager General Contractor Act:
"construction manager general contractor delivery method" means a project delivery method in which a contract for construction manager general contractor services is procured separately from a contract for project design services and a contract for independent cost estimate services;
"construction manager general contractor SJC/SB 84 Page 1 delivery method" means a project delivery method in which a contract for construction manager general contractor services is procured separately from a contract for project design services and a contract for independent cost estimate services;
"guaranteed maximum price" means the maximum e t 17 amount to be paid by the department for the construction of the w l n d 18 project;
"guaranteed maximum price" means the maximum amount to be paid by the department for the construction of the project;
= = 19 E.
E.
"preconstruction services" means consulting a l i a e r 20 services related to construction management and construction a t m m 21 provided during the transportation project design stage;
"preconstruction services" means consulting services related to construction management and construction provided during the transportation project design stage;
d r e 22 F.
F.
"project" means a state public works project for c e s k 23 highway construction or reconstruction;
"project" means a state public works project for highway construction or reconstruction;
e a n b 24 G.
G.
"project design services" means engineering u [ services, surveying services or landscape architectural .222604.3 - 2 - SJC/SB 84 services;
"project design services" means engineering services, surveying services or landscape architectural services;
[NEW MATERIAL] CONSTRUCTION MANAGER GENERAL CONTRACTOR DELIVERY METHOD AUTHORIZED.-- A.
CONSTRUCTION MANAGER GENERAL CONTRACTOR DELIVERY METHOD AUTHORIZED.-- A.
The secretary may use a construction manager general contractor delivery method on a project if the department makes a written determination that it is appropriate and in the best interest of the department to use this method of project delivery to procure an eligible project.
The secretary may use a construction manager SJC/SB 84 Page 2 general contractor delivery method on a project if the department makes a written determination that it is appropriate and in the best interest of the department to use this method of project delivery to procure an eligible project.
(1) the level of design and the extent to e t 17 which the project requirements have been or can be adequately w l n d 18 defined;
(1) the level of design and the extent to which the project requirements have been or can be adequately defined;
= = 19 (2) time constraints for project delivery;
(2) time constraints for project delivery;
a l i a e r 20 (3) project complexity;
(3) project complexity;
a t m m 21 (4) the suitability of use of the construction d r e 22 manager general contractor delivery method;
(4) the suitability of use of the construction manager general contractor delivery method;
and c e s k 23 (5) the capability of the department to manage e a n b 24 the project, including experienced personnel or outside u [ consultants.
and (5) the capability of the department to manage the project, including experienced personnel or outside consultants.
.222604.3 - 3 - SJC/SB 84 B.
B.
The secretary, in consultation with the professional associations and contractors from within the highway design and construction industry, shall promulgate rules for solicitation and award of construction manager general contractor contracts.
The secretary, in consultation with the professional associations and contractors from within the highway design and construction industry, shall promulgate SJC/SB 84 Page 3 rules for solicitation and award of construction manager general contractor contracts.
(1) provide a range of preconstruction services and participate in project design, cost control, e t 17 scheduling and value engineering efforts for the project;
(1) provide a range of preconstruction services and participate in project design, cost control, scheduling and value engineering efforts for the project;
and w l n d 18 (2) if the second phase of the contract is = = 19 entered into, provide the construction work for the project or a l i a e r 20 work packages associated with the project at a guaranteed a t m m 21 maximum price for which the construction manager general d r e 22 contractor is financially responsible." c e s k 23 SECTION 4.
and (2) if the second phase of the contract is entered into, provide the construction work for the project or work packages associated with the project at a guaranteed maximum price for which the construction manager general contractor is financially responsible." SECTION 4.
A new section of the Procurement Code, Section e a n b 24 13-1-122.4 NMSA 1978, is enacted to read:
A new section of the Procurement Code, Section 13-1-122.4 NMSA 1978, is enacted to read:
u [ "13-1-122.4.
"13-1-122.4.
[NEW MATERIAL] CONSTRUCTION MANAGER GENERAL .222604.3 - 4 - SJC/SB 84 CONTRACTOR--MULTI-PHASED PROCEDURE.-- A.
CONSTRUCTION MANAGER GENERAL CONTRACTOR-- MULTI-PHASED PROCEDURE.-- A.
(1) phase one for design consultation and preconstruction services;
(1) phase one for design consultation and SJC/SB 84 Page 4 preconstruction services;
(1) a statement of the minimum qualifications e t 17 for the construction manager general contractor, including w l n d 18 requirements for:
(1) a statement of the minimum qualifications for the construction manager general contractor, including requirements for:
= = 19 (a) a contractor's license for the type a l i a e r 20 of work to be performed, issued pursuant to the Construction a t m m 21 Industries Licensing Act;
(a) a contractor's license for the type of work to be performed, issued pursuant to the Construction Industries Licensing Act;
d r e 22 (b) registration pursuant to Section c e s k 23 13-4-13.1 NMSA 1978;
(b) registration pursuant to Section 13-4-13.1 NMSA 1978;
e a n b 24 (c) minimum bond capacity;
(c) minimum bond capacity;
u [ (d) the ability to self-perform, with .222604.3 - 5 - SJC/SB 84 its own organization, a minimum percentage of construction work as required and defined in the department's standard specifications for highway and bridge construction, current edition;
(d) the ability to self-perform, with its own organization, a minimum percentage of construction work as required and defined in the department's standard specifications for highway and bridge construction, current edition;
(2) the procedures for submitting proposals, the criteria for evaluation of qualifications and the relative weight of the criteria;
SJC/SB 84 Page 5 (2) the procedures for submitting proposals, the criteria for evaluation of qualifications and the relative weight of the criteria;
(5) identification of requirements for liability insurance, a proposal bond pursuant to Section e t 17 13-1-146 NMSA 1978 and performance and payment bonds pursuant w l n d 18 to Section 13-4-18 NMSA 1978;
(5) identification of requirements for liability insurance, a proposal bond pursuant to Section 13-1-146 NMSA 1978 and performance and payment bonds pursuant to Section 13-4-18 NMSA 1978;
= = 19 (6) a description of the method to be used for a l i a e r 20 pricing or negotiation of construction manager general a t m m 21 contractor fees for the scope of services;
(6) a description of the method to be used for pricing or negotiation of construction manager general contractor fees for the scope of services;
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and d r e 22 (7) preferences as allowed by law in the c e s k 23 Procurement Code for New-Mexico-based businesses and others.
and (7) preferences as allowed by law in the Procurement Code for New-Mexico-based businesses and others.
e a n b 24 D.
D.
The department shall use a selection committee u [ for the evaluation of the qualifications submitted by offerors .222604.3 - 6 - SJC/SB 84 and shall determine the offerors that qualify for award of the construction manager general contractor contract.
The department shall use a selection committee for the evaluation of the qualifications submitted by offerors and shall determine the offerors that qualify for award of the construction manager general contractor contract.
E.
SJC/SB 84 Page 6 E.
The department rules shall address the processes applicable to the award of a contract for construction e t 17 management and construction services, including the process for w l n d 18 conducting contract negotiations with the construction manager = = 19 general contractor for construction of the project or work a l i a e r 20 packages associated with the project in accordance with a t m m 21 contract documents and specifications.
The department rules shall address the processes applicable to the award of a contract for construction management and construction services, including the process for conducting contract negotiations with the construction manager general contractor for construction of the project or work packages associated with the project in accordance with contract documents and specifications.
d r e 22 H.
H.
The department shall secure and use an c e s k 23 independent cost estimate for the project or each work package e a n b 24 associated with the project to validate the negotiated costs u [ for the construction management and construction services .222604.3 - 7 - SJC/SB 84 contract.
The department shall secure and use an independent cost estimate for the project or each work package associated with the project to validate the negotiated costs for the construction management and construction services contract.
J.
SJC/SB 84 Page 7 J.
Negotiations shall be terminated if the department is unable to reach a price agreement with the e t 17 construction manager general contractor.
Negotiations shall be terminated if the department is unable to reach a price agreement with the construction manager general contractor.
In the event that w l n d 18 negotiations are terminated, the department may competitively = = 19 bid the construction phase of the project, in accordance with a l i a e r 20 the department's procedures applicable to public works a t m m 21 construction projects.
In the event that negotiations are terminated, the department may competitively bid the construction phase of the project, in accordance with the department's procedures applicable to public works construction projects.
The construction manager general d r e 22 contractor may be allowed to bid or provide subcontract c e s k 23 services for the project, unless prohibited by Section 10-16-13 e a n b 24 NMSA 1978.
The construction manager general contractor may be allowed to bid or provide subcontract services for the project, unless prohibited by Section 10-16-13 NMSA 1978.
u [ L.
L.
Data developed during the design services and .222604.3 - 8 - SJC/SB 84 the construction manager general contractor's preconstruction services, unless otherwise protected by law, shall be made available to all bidders.
Data developed during the design services and the construction manager general contractor's preconstruction services, unless otherwise protected by law, shall be made available to all bidders.
After a construction manager general contractor contract is awarded for the preconstruction services, the department shall make the names of each offeror and the ranking and evaluation scores for each available for public inspection." SECTION 5.
After a construction manager general contractor contract is awarded for the preconstruction services, the department shall make the names of each offeror and the ranking and evaluation scores for each available for public SJC/SB 84 Page 8 inspection." SECTION 5.
Sections 13-1-111 through 13-1-122 NMSA 1978, e t 17 competitive sealed proposals;
Sections 13-1-111 through 13-1-122 NMSA 1978, competitive sealed proposals;
w l n d 18 B.
B.
= = 19 C.
C.
Section 13-1-126 NMSA 1978, sole source a l i a e r 20 procurement;
Section 13-1-126 NMSA 1978, sole source procurement;
a t m m 21 D.
D.
Section 13-1-127 NMSA 1978, emergency d r e 22 procurements;
Section 13-1-127 NMSA 1978, emergency procurements;
c e s k 23 E.
E.
e a n b 24 F.
F.
Section 13-1-130 NMSA 1978, purchases from u [ antipoverty program businesses;
Section 13-1-130 NMSA 1978, purchases from antipoverty program businesses;
[and] .222604.3 - 9 - SJC/SB 84 G.
G.
DESIGN AND BUILD PROCUREMENT FOR CERTAIN TRANSPORTATION PROJECTS.--Notwithstanding any prohibition on road and highway construction or reconstruction projects in Section 13-1-119.1 NMSA 1978, the department of transportation may use a design and build project delivery system pursuant to Section 13-1-119.1 NMSA 1978 [for projects with a maximum allowable construction cost of more than fifty million dollars ($50,000,000)]." SECTION 7.
DESIGN AND BUILD PROCUREMENT FOR CERTAIN SJC/SB 84 Page 9 TRANSPORTATION PROJECTS.--Notwithstanding any prohibition on road and highway construction or reconstruction projects in Section 13-1-119.1 NMSA 1978, the department of transportation may use a design and build project delivery system pursuant to Section 13-1-119.1 NMSA 1978." SECTION 7.
e t 17 "67-3-8.4.
"67-3-8.4.
[NEW MATERIAL] DEPARTMENT--POWERS.-- w l n d 18 A.
DEPARTMENT--POWERS.-- A.
The secretary may use an alternative to the = = 19 a l design-bid-build project delivery method for project i a e r 20 procurement to allow the department to use the services of a a t m m 21 construction manager general contractor.
The secretary may use an alternative to the design-bid-build project delivery method for project procurement to allow the department to use the services of a construction manager general contractor.
No more than d r e 22 twenty-five percent of the projects placed on the department's c e s k 23 letting schedule in any calendar year may be let pursuant to e a n b 24 the design and build project delivery method pursuant to u [ Section 13-1-119.2 NMSA 1978 or the construction manager .222604.3 - 10 - SJC/SB 84 general contractor delivery method pursuant to the Transportation Construction Manager General Contractor Act.
No more than twenty-five percent of the projects placed on the department's letting schedule in any calendar year may be let pursuant to the design and build project delivery method pursuant to Section 13-1-119.2 NMSA 1978 or the construction manager general contractor delivery method pursuant to the Transportation Construction Manager General Contractor Act.
- 11 - 11 13 15 e t 17 w l n d 18 = = 19 a l i a e r 20 a t m m 21 d r e 22 c e s k 23 e a n b 24 u [ .222604.3
SJC/SB 84 Page 10 25
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Action History

  1. Signed

  2. passed House

  3. DO PASS committee report adopted

  4. Sent to House Transportation, Public Works & Capital Improvements Committee

  5. passed Senate

  6. DO NOT PASS, replaced with committee substitute

  7. DO PASS committee report adopted

  8. germane

  9. Sent to Senate Committees' Committee & Senate Tax, Business and Transportation Committee & Senate Judiciary Committee

Sponsors

Sponsorship breakdown

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2 sponsors · 0 co-sponsors · 110 not signed on

Sponsors (2)

Co-sponsors (0)

None.

Not signed on (110)

110 members have not signed on to this bill.

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"Not signed on" means a member has not sponsored or co-sponsored this bill — it does not imply opposition. Members flagged Voted No have a recorded No vote on this bill.

Whip count is in markup. Polling the chamber and every recorded vote this session. Only the first open is slow. It’s instant for you after this. Calling the roll · Tallying · Engrossing

Subjects

labor transportation
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Frequently asked questions

Who sponsors SB 84?
SB 84 is sponsored by Ivey-Soto, Daniel A. and Benny Shendo, Jr. (Democrat).
What is the current status of SB 84?
This bill has been enacted into law. Introduced January 19, 2022. Enacted.
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