SB 497 — PROCUREMENT FOR CERTAIN SERVICES & CONTRACTS

SENATE HEALTH AND PUBLIC AFFAIRS COMMITTEE SUBSTITUTE FOR SENATE BILL 497 56TH LEGISLATURE -STATEOFNEWMEXICO- FIRST SESSION, 2023 INTRODUCED4 BY6 David8 M.10 AN ACT RELATING TO PROCUREMENT;

GallegosINCREASING 6THE 8TOTAL 10AMOUNT ANLIMIT ACTON RELATINGCONTRACTS TOFOR PROCUREMENT;PROCUREMENT OF ARCHITECTURAL AND ENGINEERING SERVICES AND CONSTRUCTION THAT STATE AGENCIES AND LOCAL PUBLIC BODIES MAY ENTER INTO AND FOR PURCHASE ORDERS UNDER THOSE CONTRACTS.

INCREASINGe THEt TOTAL17 AMOUNTBE LIMITIT ONENACTED CONTRACTSBY FORTHE PROCUREMENTLEGISLATURE OF ARCHITECTURALTHE AND ENGINEERING SERVICES AND CONSTRUCTION THAT STATE AGENCIESOF ANDNEW LOCALMEXICO: PUBLIC BODIES MAY ENTER INTO AND FOR PURCHASE ORDERS UNDER THOSE CONTRACTS;

PROVIDING FOR AN ANNUAL INFLATION ADJUSTMENT TO THE TOTAL AMOUNT LIMIT ON CONTRACTS FOR PROCUREMENT OF e t 17 ARCHITECTURAL AND ENGINEERING SERVICES AND CONSTRUCTION AND FOR w l n d 18 PURCHASESECTION ORDERS1. UNDER THOSE CONTRACTS.

=Section =13-1-154.1 19NMSA a1978 l(being iLaws a2007, e= r= 2019 BEa ITl ENACTEDChapter BY312, THESection LEGISLATURE1, OFas THEamended) STATEis OFamended NEWto MEXICO:read:

i a te mr m20 21"13-1-154.1. SECTION 1.

SectionMULTIPLE 13-1-154.1SOURCE NMSACONTRACTS--ARCHITECTURAL 1978AND (beinga Lawst 2007,m m 21 ENGINEERING SERVICES CONTRACTS--INDEFINITE QUANTITY d r e 22 ChapterCONSTRUCTION 312,CONTRACTS.-- Sectionc 1,e ass amended)k is23 amendedA. to read:

cA state agency or local public body may procure e sa kn 23b "13-1-154.1.24 multiple architectural or engineering services contracts for u [ multiple projects under a single qualifications-based request .226103.1 SHPAC/SB 497 for proposals;

MULTIPLEprovided SOURCEthat CONTRACTS--ARCHITECTURALthe ANDtotal eamount of multiple contracts and all renewals for a nsingle bcontractor 24does ENGINEERINGnot SERVICESexceed CONTRACTS--INDEFINITE[seven QUANTITYmillion ufive [hundred CONSTRUCTIONthousand CONTRACTS.--dollars .224590.2($7,500,000)] A.ten million dollars ($10,000,000) over four years and that a single contract, including any renewals, does not exceed [six hundred fifty thousand dollars ($650,000)] one million three hundred thousand dollars ($1,300,000).

A state agency or local public body may procure multiple architectural or engineering services contracts for multiple projects under a single qualifications-based request 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)] fourteen million dollars ($14,000,000), as adjusted pursuant to Subsection G of this section, over four years and that a single contract, including any renewals, does not exceed [six hundred fifty thousand dollars ($650,000)] one million three hundred thousand dollars ($1,300,000), as adjusted pursuant to Subsection G of this section.

provided that the total amount of a contract and e t 17 all renewals does not exceed [twelve million five hundred w l n d 18 thousand dollars ($12,500,000)] eightytwenty million dollars =($20,000,000) = 19 a l ($80,000,000), as adjusted pursuant to Subsection G of this i a e r 20 section, over three years and the contract provides that any a t m m 21 one purchase order under the contract may not exceed [four d r e 22 million dollars ($4,000,000)] twentyfive million dollars c e st k17 23($5,000,000). ($20,000,000), as adjusted pursuant to Subsection G of this e a n b 24 section.

uw [l n d 18 C.

A state agency or local public body may make .224590.2= -= 219 - procurements in accordance with the provisions of Subsection A a l i a e r 20 or B of this section if:

a t m m 21 (1) the advertisement and request for d r e 22 proposals states that multiple contracts may or will be c e s k 23 awarded, states the number of contracts that may or will be e a n b 24 awarded and describes the services or construction to be u [ performed under each contract;

.226103.1 - 2 - SHPAC/SB 497 (2) there is a single selection process for all of the multiple contracts, except that for each contract there may be a separate final list and a separate negotiation of contract terms;

A contract to be awarded pursuant to this e t 17 section to a firm that is currently performing under a contract w l n d 18 issued pursuant to this section shall not cause the total = = 19 a l amount of all contracts issued pursuant to this section to that i a e r 20 firm to exceed:

a t m m 21 (1) [seven million five hundred thousand d r e 22 dollars ($7,500,000)] fourteenten million dollars ($14,000,000),($10,000,000) c e s k 23 as adjusted pursuant to Subsection G of this section, in any e a n b 24 four-year period for architectural or engineering services;

or ue [t 17 (2) [twelve million five hundred thousand .224590.2w -l 3n -d 18 dollars ($12,500,000)] eightytwenty million dollars ($80,000,000),($20,000,000) asin adjusted= pursuant= to19 Subsection G of this section, in any three-year period for construction.

a l i a e r 20 E.

Procurement pursuant to this section is subject a t m m 21 to the limitations of Sections 13-1-150 through 13-1-154 NMSA d r e 22 1978.

c e s k 23 F.

A state agency and a local public body, not e a n b 24 including an agency of the legislative or judicial branch of u [ state government, shall report to the legislative finance .226103.1 - 3 - SHPAC/SB 497 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.subsection." SECTION 2.

e t 17 G.

On July 1, 2024 and July 1 of each successive w l n d 18 year, the total amounts for multiple contracts and all = = 19 a l renewals, a single contract and any renewals, any one purchase i a e r 20 order under a contract and the total amount of all contracts a t m m 21 provided in Subsections A, B and D of this section shall be d r e 22 adjusted by multiplying each of the total amounts in c e s k 23 Subsections A, B and D of this section as of July 1, 2023 by a e a n b 24 fraction, the numerator of which is the consumer price index u [ ending in December of the previous year and the denominator of .224590.2 - 4 - which is the consumer price index ending in December 2022.

H.

As used in this section, "consumer price index" means the consumer price index, not seasonally adjusted, for all urban consumers, United States city average for all items, or its successor index, as published by the United States department of labor for a twelve-month period ending December 31." SECTION 2.

- 54 - 12 14 16 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 [ .224590.2.226103.1