SB 206 — PROCUREMENT CHANGES

[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 STBTCº.»STBTC STBTCºand information identifying the state agency's or local public body's central purchasing office, if applicable.»STBTC B.

The state purchasing agent shall make the list of h chief procurement officers available to the public through the g o t hr [web site] website of the purchasing division of the general g e i k services department and in any other appropriate form.

h r i s C.

The state purchasing agent shall offer a h , t, e u g certification training program for chief procurement officers e b l e e h each year.

n d d i = = o h D.

[On or before January 1, 2015 ] The state l ] b ,d i a º e purchasing agent shall [establish ] maintain a certification r i = r t e w d m a n o program for chief procurement officers that includes initial d m :

b e d s º o t n = .229222.4SAAIC February 26, 2025 (1:51pm) s k m e - 5 - e a n e d r e l u [ A d 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 STBTCºthe evaluation and scoring of a request for proposal that is for an entity other than the entity of the chief procurement officer requesting the recertification.»STBTC STBTCºa procurement approved by the purchasing division of the general services department.»STBTC 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 h and authorize small purchases:

u » r (1) make determinations, including t h g e l i determinations regarding exemptions, pursuant to the h r i s Procurement Code;

h , e h (2) issue purchase orders and authorize small t u g e b l e e , gh purchases pursuant to the Procurement Code;

and n d d i = = o h (3) approve procurement pursuant to the l ] b ,d i a º r Procurement Code." e r = t e w d m a n o SECTION 6.

Section 13-1-98 NMSA 1978 (being Laws 1984, d m :

b r e t º o t n = .229222.4SAAIC February 26, 2025 (1:51pm) s k m e - 6 - e a n e d r e l u [ A d 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 STBTCº , except for the provisions provided for in Sections 13-1-190 through 13-1-199 NMSA 1978,»STBTC 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;

Theprinting stateand purchasingduplicating agentcontracts shallinvolving offermaterials athat certificationare trainingrequired programto forbe chieffiled procurementin officersconnection eachwith year.h proceedings before administrative agencies or state or federal u » r courts;

t h g e l i D.

[Onpurchases orof beforepublicly Januaryprovided 1,or 2015]publicly Theh stater purchasingi agents shallregulated [establish]gas, maintainelectricity, awater, certificationsewer program for chief procurement officers that includes initial certification and recertificationrefuse everycollection twoh years, for all chief e th 17services; procurement officers.

Int orderu tog bee recertified,b a chief w l ne d 18 procurement officer shall pass a recertification examination = = 19 a l approved by the secretary of general services or obtain sixteen i a e r, 20gh continuingE. education units approved by the secretary.

Aspurchases usedof abooks, tperiodicals, minstructional mn 21d in this subsection, one contact hour is equal to one continuing d ri e= 22= educationo unith materials and atraining "continuingmaterials educationin unit"printed, meansdigital any c e s k 23 approved public procurement course or participationl in] the e a n b 24,d evaluationi and scoring of a requestº forr proposalelectronic thatformat isfrom forthe anpublishers, udesignated [public- entitye otherr than= thet entitye ofw thed chiefm procurementa officern .229222.4SAo -education-department-approved 5instructional -material requestingd them recertification.:

E.b r e t º o t n = .229222.4SAAIC February 26, 2025 (1:51pm) s k m e - 7 - e a n e d r e l u [ A d 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;

[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:

e t 17 "13-1-98.

EXEMPTIONS FROM THE PROCUREMENT CODE.--The w l n d 18 provisions of the Procurement Code shall not apply to:

= = 19 a l A.

procurement of items of tangible personal i a e r 20 property or services by a state agency or a local public body a t m m 21 from a state agency, a local public body or external d r e 22 procurement unit except as otherwise provided in Sections c e s k 23 13-1-135 through 13-1-137 NMSA 1978;

e a n b 24 B.

procurement of tangible personal property or u [ services for the governor's mansion and grounds;

.229222.4SA - 6 - 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;

e t 17 G.

purchase of livestock at auction rings or to the w l n d 18 procurement of animals to be used for research and = = 19 a l experimentation or exhibit;

i a e r 20 H.

contracts with businesses for public school a t m m 21 transportation services;

d r e 22 I.

procurement of tangible personal property or c e s k 23 services, as defined by Sections 13-1-87 and 13-1-93 NMSA 1978, e a n b 24 by the corrections industries division of the corrections u [ department pursuant to rules adopted by the corrections .229222.4SA - 7 - industries commission, which shall be reviewed by the purchasing division of the general services department prior to h adoption;

u » r J.

purchases not exceeding [ten thousand dollars t h g e l i ($10,000)] one hundred thousand dollars ($100,000) consisting h r i s of magazine subscriptions, web-based or electronic h , e h subscriptions, conference registration fees and other similar t u g e b l e e , gh purchases, but not including software licenses or maintenance n d d i = = o h agreements, where prepayments are required;

l ] b ,d i a º r K.

municipalities having adopted home rule charters e r = t e w d m a n o and having enacted their own purchasing ordinances;

L.d m :

b r e t º o t n = .229222.4SAAIC February 26, 2025 (1:51pm) s k m e - 8 - e a n e d r e l u [ A d L.

contracts entered into by a local public body e t 17 with a private independent contractor for the operation, or w l n d 18 provision and operation, of a jail pursuant to Sections 33-3-26 = = 19 a l and 33-3-27 NMSA 1978;

i a e r 20 N.

contracts for maintenance of grounds and a t m m 21 facilities at highway rest stops and other employment d r e 22 opportunities, excluding those intended for the direct care and c e s k 23 support of persons with handicaps, entered into by state e a n b 24 agencies with private, nonprofit, independent contractors who u [ provide services to persons with handicaps;

.229222.4SA - 8 - O.

contracts and expenditures for services or items of tangible personal property to be paid or compensated by h money or other property transferred to New Mexico law u » r enforcement agencies by the United States department of justice t h g e l i drug enforcement administration;

h r i s P.

contracts for retirement and other benefits h , e h pursuant to Sections 22-11-47 through 22-11-52 NMSA 1978;

t u g e b l e e , gh Q.

n d d i = = o h R.

contracts and expenditures for legal l ] b ,d i a º r subscription and research services and litigation expenses in connectione withr proceedings= beforet administrativee agenciesw ord statem ora federaln courts,o includingconnection experts,with mediators,proceedings courtbefore reporters,administrative processagencies serversor andd witnessm fees,: but not including attorney contracts;

b r e t º o t n = .229222.4SAAIC February 26, 2025 (1:51pm) s k m e - 9 - e a n e d r e l u [ A d state or federal courts, including experts, mediators, court reporters, process servers and witness fees, but not including attorney contracts;

contracts for service relating to the design, engineering, financing, construction and acquisition of public e t 17 improvements undertaken in improvement districts pursuant to w l n d 18 Subsection L of Section 3-33-14.1 NMSA 1978 and in county = = 19 a l improvement districts pursuant to Subsection L of Section i a e r 20 4-55A-12.1 NMSA 1978;

a t m m 21 T.

works of art for museums or for display in d r e 22 public buildings or places;

c e s k 23 U.

contracts entered into by a local public body e a n b 24 with a person, firm, organization, corporation or association u [ or a state educational institution named in Article 12, Section .229222.4SA - 9 - 11 of the constitution of New Mexico for the operation and maintenance of a hospital pursuant to Chapter 3, Article 44 h NMSA 1978, lease or operation of a county hospital pursuant to u » r the Hospital Funding Act or operation and maintenance of a t h g e l i hospital pursuant to the Special Hospital District Act;

h r i s V.

purchases of advertising in all media, including h , e h radio, television, print and electronic,electronic STBTCº , but does not t u g e b l e e , gh include marketing purchases;purchases»STBTC ;

n d d i = = o h W.

purchases of promotional goods intended for l ] b ,d i a º r resale by the tourism department;

e r = t e w d m a n o X.

procurement of printing, publishing and distributiond servicesm for: materials produced and intended for resale by the cultural affairs department;

b r e t º o t n = .229222.4SAAIC February 26, 2025 (1:51pm) s k m e - 10 - e a n e d r e l u [ A d distribution services for materials produced and intended for resale by the cultural affairs department;

procurement by or through the public education department from the federal department of education relating to parent training and information centers designed to increase e t 17 parent participation, projects and initiatives designed to w l n d 18 improve outcomes for students with disabilities and other = = 19 a l projects and initiatives relating to the administration of i a e r 20 improvement strategy programs pursuant to the federal a t m m 21 Individuals with Disabilities Education Act;

provided that the d r e 22 exemption applies only to procurement of services not to exceed c e s k 23 two hundred thousand dollars ($200,000);

e a n b 24 Z.

procurement of services from community u [ rehabilitation programs or qualified individuals pursuant to .229222.4SA - 10 - the State Use Act;

purchases of products or services for eligible h persons with disabilities pursuant to the federal u » r Rehabilitation Act of 1973;

t h g e l i BB.

procurement, by either the department of health h r i s or Grant county or both, of tangible personal property, h , e h services or construction that are exempt from the Procurement t u g e b l e e , gh Code pursuant to Section 9-7-6.5 NMSA 1978;

n d d i = = o h CC.

contracts for investment advisory services, l ] b ,d i a º r investment management services or other investment-related servicese enteredr into= byt thee educationalw retirementd board,m thea staten investmento officerservices orentered theinto retirementby boardthe creatededucational pursuantretirement toboard, the Publicd Employeesm Retirement: Act;

b r e t º o t n = .229222.4SAAIC February 26, 2025 (1:51pm) s k m e - 11 - e a n e d r e l u [ A d state investment officer or the retirement board created pursuant to the Public Employees Retirement Act;

e t 17 EE.

contracts entered into by the crime victims w l n d 18 reparation commission to distribute federal grants to assist = = 19 a l victims of crime, including grants from the federal Victims of i a e r 20 Crime Act of 1984 and the federal Violence Against Women Act of a t m m 21 1994;

d r e 22 FF.

procurement by or through the early childhood c e s k 23 education and care department of early pre-kindergarten and e a n b 24 pre-kindergarten services purchased pursuant to the u [ Pre-Kindergarten Act;

.229222.4SA - 11 - GG.

h HH.

contracts entered into by the forestry division u » r of the energy, minerals and natural resources department to t h g e l i distribute federal grants to nongovernmental entities and h r i s individuals selected through an application process conducted h , e h by the United States department of agriculture, the United t u g e b l e e , gh States department of the interior or any division or bureau n d d i = = o h thereof for programs for wildfire prevention or protection, l ] b ,d i a º r urban forestry, forest and watershed restoration and protection,e reforestationr or= economict developmente projectsw tod advancem thea usen ofo treesprotection, andreforestation woodor biomasseconomic fordevelopment hazardousprojects fuelto reduction;d m :

[and]b II.r e t º o t n = .229222.4SAAIC February 26, 2025 (1:51pm) s k m e - 12 - e a n e d r e l u [ A d advance the use of trees and wood biomass for hazardous fuel reduction;

[and ] II.

e t 17 JJ.

contracts to acquire and replace capital w l n d 18 licenses used to provide enterprise services pursuant to = = 19 a l Section 9-27-11 NMSA 1978;

i a e r 20 KK.

contracts for the digitization of state or a t m m 21 federal records;

d r e 22 LL.

contracts for appraisals or surveys for the c e s k 23 sale or purchase of real property;

e a n b 24 MM.

slots for child care assistance for eligible u [ families procured by or through the early childhood education .229222.4SA - 12 - and care department;

procurements exempt from the Procurement h Code as otherwise provided by law." g o t hr SECTION 7.

Section 13-1-99 NMSA 1978 (being Laws 1984, g e i k Chapter 65, Section 72, as amended) is amended to read:

h r i s "13-1-99.

EXCLUDED FROM CENTRAL PURCHASING THROUGH THE h , t, STATE PURCHASING AGENT.--Excluded from the requirement of e u g e b l e e h procurement through the state purchasing agent but not from the n d d i = = o h requirements of the Procurement Code are the following:

l ] b ,d i a º e A.

r i = r t e w d m a n o B.

small purchases having a value not exceeding [oned thousandm five: hundred dollars ($1,500)] ten thousand dollars ($10,000);

b e d s º o t n = .229222.4SAAIC February 26, 2025 (1:51pm) s k m e - 13 - e a n e d r e l u [ A d [one thousand five hundred dollars ($1,500)] ten thousand dollars ($10,000);

e t 17 E.

procurement by the judicial branch of state w l n d 18 government;

= = 19 a l F.

procurement by the legislative branch of state i a e r 20 government;

a t m m 21 G.

procurement by the boards of regents of state d r e 22 educational institutions named in Article 12, Section 11 of the c e s k 23 constitution of New Mexico;

e a n b 24 H.

procurement by the state fair commission of u [ tangible personal property, services and construction under .229222.4SA - 13 - twenty thousand dollars ($20,000);

h J.

g o t hr K.

g e i k L.

h r i s M.

procurement by each state health care h , t, institution that provides direct patient care and that is, or a e u g e b l e e h part of which is, medicaid certified and participating in the n d d i = = o h New Mexico medicaid program;

and l ] b ,d i a º e N.

procurement by the public school facilities r i = r t e w d m a n o authority." SECTIONd 8.m :

b e d s º o t n = .229222.4SAAIC February 26, 2025 (1:51pm) s k m e - 14 - e a n e d r e l u [ A d SECTION 8.

An invitation for bids or a notice thereof shall be published not less than [ten]STBTCº three[ten]»STBTC STBTCºten»STBTC STBTCºthree»STBTC calendar days prior to e t 17 the date set forth for the opening of bids.

In the case of w l n d 18 purchases made by the state purchasing agent, the invitation or = = 19 a l notice shall be published at least once in at least [three] two i a e r 20 newspapers of general circulation in this state [in addition, a t m m 21 an invitation or notice may be published electronically] or by d r e 22 posting the invitation or notice on the state purchasing c e s k 23 agent's [web site that is maintained for that purpose] website.

e a n b 24 In the case of purchases made by other central purchasing u [ offices, the invitation or notice shall be published at least .229222.4SA - 14 - once in a newspaper of general circulation in the area in which the h central purchasing office is located.

These requirements of g o t hr publication are in addition to any other procedures that may be g e i k adopted by central purchasing offices to notify prospective h r i s bidders that bids will be received, including publication in a h , t, e u g trade journal, if available.

If there is no newspaper of e b l e e h general circulation in the area in which the central purchasing n d d i = = o h office is located, such other notice may be given as is l ] b ,d i a º e commercially reasonable.

r i = r t e w d m a n o B.

Central purchasing offices shall send copies of thed noticem 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.

b e d s º o t 17n A= central.229222.4SAAIC purchasingFebruary office26, may2025 set(1:51pm) differents registrationk feesm we l- 15 - e a n e d 18r fore differentl categoriesu of[ services,A constructiond the notice or itemsinvitation offor =bids =involving 19the aexpenditure lof tangiblemore personalthan property,[twenty butthousand suchdollars fees($20,000) shall] beone relatedhundred thousand dollars ($100,000) to ithose abusinesses ethat rhave 20signified thein actual,writing directan costinterest ofin furnishingsubmitting copiesbids for particular categories of theitems noticeof ortangible apersonal tproperty, mconstruction mand 21services invitationand forthat bidshave topaid theany prospectiverequired bidders.fees.

TheA feescentral shallpurchasing doffice rmay eset 22different beregistration usedfees exclusively for thedifferent purposecategories of furnishingservices, copiesconstruction or items of thetangible cpersonal eproperty, sbut ksuch 23fees noticeshall orbe invitationrelated forto bidsthe actual, direct cost of proposedfurnishing procurementscopies toof ethe anotice nor binvitation 24for bids to the prospective bidders.

uThe [fees C.shall be used exclusively for the purpose of furnishing copies of the notice or invitation for bids of proposed procurements to prospective bidders.

AC. central purchasing office may satisfy the .229222.4SA - 15 - requirement of sending copies of a notice or invitation for bids by distributing the documents to prospective bidders through electronic media.

CentralA central purchasing officesoffice shallmay notsatisfy requirethe thatrequirement prospectiveof bidderssending receivecopies of a notice or invitation for h bids by distributing the documents to prospective bidders u » r through electronic media.

D.Central purchasing offices shall not t h g e l i require that prospective bidders receive a notice or invitation h r i s for bids through electronic media.

Ash used, ine thish section,D. "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.

CentralAs purchasingused officesin shallthis makesection, copies"prospective bidders" t u g e b l e e , gh includes persons considering submission of invitationsa bid as a general n d d i = = o h contractor for the construction contract and persons who may l ] b ,d i a º r submit bids to a general contractor for constructionwork contractsto availablebe e r = t e w d m a n o subcontracted pursuant to prospectivethe bidders.construction contract.

Central d m :

b r e t º o t n = .229222.4SAAIC February 26, 2025 (1:51pm) s k m e - 16 - e a n e d r e l u [ A d purchasing offices shall make copies of invitations for bids for construction contracts available to prospective bidders.

The deposit shall equal the full cost of reproduction and delivery of the e t 17 documents for bid.

The deposit, less delivery charges, shall w l n d 18 be refunded if the documents for bid are returned in usable = = 19 a l condition within the time limits specified in the documents for i a e r 20 bid, which time limits shall be no less than ten calendar days a t m m 21 from the date of the bid opening.

All forfeited deposits shall d r e 22 be credited to the funds of the applicable central purchasing c e s k 23 office." e a n b 24 SECTION 9.

Section 13-1-106 NMSA 1978 (being Laws 1984, u [ Chapter 65, Section 79) is amended to read:

.229222.4SA - 16 - "13-1-106.

COMPETITIVE SEALED BIDS--CORRECTION OR h WITHDRAWAL OF BIDS.-- g o t hr A.

A bid containing a mistake discovered before bid g e i k opening may be modified or withdrawn by a bidder prior to the h r i s time set for bid opening by delivering written or [telegraphic][telegraphic ] h , t, electronic notice to the procurement manager or the individual e u g e b l e e h identified for notices in the request for proposals, rather n d d i = = o h than the location designated in the invitation for bids as the l ] b ,d i a º e place where bids are to be received.

After bid opening, no r i = r t e w d m a n o modifications in bid prices or other provisions of bids shall bed permitted.m :

Ab lowe bidderd allegings aº materialo mistaket ofn fact= [which].229222.4SAAIC thatFebruary makes26, [his]2025 the(1:51pm) lows bidk nonresponsivem maye be- permitted17 to- withdrawe [its]a then lowe bidd if:r e l u [ A d 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:

or (2) the low bidder submits evidence [which] e t 17 that clearly and convincingly demonstrates that a mistake was w l n d 18 made.

= = 19 a l B.

Any decision by a procurement officer to permit i a e r 20 or deny the withdrawal of a bid on the basis of a mistake a t m m 21 contained [therein][therein ] in the bid shall be supported by a d r e 22 determination setting forth the grounds for the decision." c e s k 23 SECTION 10.

Section 13-1-118 NMSA 1978 (being Laws 1984, e a n b 24 Chapter 65, Section 91, as amended) is amended to read:

u [ "13-1-118.

COMPETITIVE SEALED PROPOSALS--PROFESSIONAL .229222.4SA - 17 - SERVICES CONTRACTS--CONTRACT REVIEW.--All contracts for h professional services with state agencies shall be reviewed as g o t hr to form, legal sufficiency and budget requirements by the state g e i k purchasing agent or a designee of the general services h r i s department if required by the [regulations][regulations ] rules of the h , t, department.

This section does not apply to contracts entered e u g e b l e e h into by the legislative branch of state government, the n d d i = = o h judicial branch of state government or the boards of regents of l ] b ,d i a º e state educational institutions named in Article 12, Section 11 r i = r t e w d m a n o of the constitution of New Mexico." SECTIONd 11.m :

b e d s º o t n = .229222.4SAAIC February 26, 2025 (1:51pm) s k m e - 18 - e a n e d r e l u [ A d SECTION 11.

As used in this section, "responsible e t 17 individual" means:

w l n d 18 (1) the director of the facilities management = = 19 a l division of the general services department or a designee of i a e r 20 that division;

a t m m 21 (2) the secretary or [his] the secretary's d r e 22 designee [or];

c e s k 23 (3) the secretary of [the highway and] e a n b 24 transportation [department][department ] or [his] that secretary's designee;

u [ (4) the secretary of cultural affairs or that .229222.4SA - 18 - secretary's designee;

or h (5) a designee of a local public body.

g o t hr B.

The responsible individual shall negotiate a g e i k contract with the highest qualified business for the h r i s architectural, landscape architectural, engineering or h , t, surveying services at compensation determined in writing to be e u g e b l e e h fair and reasonable.

In making this decision, the [secretary n d d i = = o h or his designee or the designee of a local public body] l ] b ,d i a º e responsible individual shall take into account the estimated r i = r t e w d m a n o value of the services to be rendered and the scope, complexity andd professionalm nature: of the services.

b e d s º o t n = .229222.4SAAIC February 26, 2025 (1:51pm) s k m e - 19 - e a n e d r e l u [ A d and professional nature of the services.

The e t 17 [secretary or his designee or the designee of a local public w l n d 18 body] responsible individual shall then undertake negotiations = = 19 a l with the second most qualified business.

Failing accord with i a e r 20 the second most qualified business, the [secretary or his a t m m 21 designee or a designee of a local public body] responsible d r e 22 individual shall formally terminate negotiations with that c e s k 23 business.

The [secretary or his designee or the designee of e a n b 24 the local public body] responsible individual shall then u [ undertake negotiations with the third most qualified business.

.229222.4SA - 19 - Should the [secretary or his designee or a designee of a local h public body] responsible individual be unable to negotiate a u » r contract with any of the businesses selected by the committee, t h g e l i additional businesses shall be ranked in order of their h r i s qualifications and the [secretary or his designee or the h , e h designee of a local public body] responsible individual shall t u g e b l e e , gh continue negotiations in accordance with this section until a n d d i = = o h contract is signed with a qualified business or the procurement l ] b ,d i a º r process is terminated and a new request for proposals is e r = t e w d m a n o initiated.

[The secretary or the representative of a local publicd body]m If: a contract is awarded, the responsible individual shall publicly announce the business selected for award." SECTION 12.

b r e t º o t n = .229222.4SAAIC February 26, 2025 (1:51pm) s k m e - 20 - e a n e d r e l u [ A d public body] If a contract is awarded, the responsible individual shall publicly announce the business selected for award." SECTION 12.

SMALL PURCHASES.-- e t 17 A.

A central purchasing office shall procure w l n d 18 services, construction or items of tangible personal property = = 19 a l having a value not exceeding [sixty thousand dollars ($60,000)]($60,000) i] a e r 20 one hundred thousand dollars ($100,000),($100,000) , excluding applicable a t m m 21 state and local gross receipts taxes, in accordance with the d r e 22 applicable small purchase rules adopted by the secretary, a c e s k 23 local public body or a central purchasing office that has the e a n b 24 authority to issue rules.

u [ B.

Notwithstanding the requirements of Subsection A .229222.4SA - 20 - of this section, a central purchasing office may procure h professional services having a value not exceeding [sixty u » r thousand dollars ($60,000)] one hundred thousand dollars t h g e l i ($100,000), excluding applicable state and local gross receipts h r i s taxes, except for the services of landscape architects or h , e h surveyors for state public works projects or local public works t u g e b l e e , gh projects, in accordance with professional services procurement n d d i = = o h rules promulgated by the general services department or a l ] b ,d i a º r central purchasing office with the authority to issue rules.

e r = t e w d m a n o C.

Notwithstanding the requirements of Subsection A ofd thism 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 e t 17 obtainable price.

wb lr e t º o t n = .229222.4SAAIC February 26, 2025 (1:51pm) s k m e - 21 - e a n e d 18r D.e l u [ A d 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.

ProcurementD. requirements shall not be = = 19 a l artificially divided so as to constitute a small purchase under i a e r 20 this section." a t m m 21 SECTION 13.

SectionProcurement 13-1-126.1requirements NMSAshall 1978not (beingbe Lawsartificially ddivided rso eas 22to 2013,constitute Chaptera 40,small Sectionpurchase 6,under asthis amended)section." isSECTION amended13. to read:

cSection e13-1-126.1 sNMSA k1978 23(being "13-1-126.1.Laws 2013, Chapter 40, Section 6, as amended) is amended to read:

SOLE"13-1-126.1. SOURCE CONTRACTS--NOTICE--PROTEST.-- e a n b 24 A.

AtSOLE leastSOURCE [thirty]CONTRACTS--NOTICE--PROTEST.-- fifteenA. days before it awards u [ a sole source contract, the state purchasing agent shall post .229222.4SA - 21 - notice of its intent to award the contract on its website.

At least thirty[thirty ] fifteen days before it awards a sole source contract, athe centralstate purchasing officeagent 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.

InAt eachh case,least thethirty days before it awards a sole source contract, a g o t hr central purchasing office shall post notice of its intent to g e i k award the contract on its website, if it maintains one, and h r i s shall identify,transmit atthe anotice minimum:to the state purchasing agent for h , t, posting on the state purchasing agent's website.

(1)In theeach partiescase, toe u g e b l e e h the proposednotice contract;shall identify, at a minimum:

(2)n thed natured andi quantity= of= theo service,h construction(1) orthe itemparties ofto tangiblethe personalproposed propertycontract; being contracted for;

l ] b ,d i a º e (2) the nature and quantity of the service, r i = r t e w d m a n o construction or item of tangible personal property being d m :

b e d s º o t n = .229222.4SAAIC February 26, 2025 (1:51pm) s k m e - 22 - e a n e d r e l u [ A d contracted for;

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 e t 17 purchasing agent or central purchasing office, by submitting w l n d 18 the protest to the state purchasing agent or central purchasing = = 19 a l office, as appropriate.

The state purchasing agent or central i a e r 20 purchasing office shall then reconsider its selection." a t m m 21 SECTION 14.

Section 13-1-138 NMSA 1978 (being Laws 1984, d r e 22 Chapter 65, Section 111) is amended to read:

c e s k 23 "13-1-138.

COST OR PRICING DATA REQUIRED.--When required e a n b 24 by the state purchasing agent or a central purchasing office, a u [ prospective contractor shall submit cost or pricing data when .229222.4SA - 22 - the contract is expected to exceed STBTCº [twenty-five thousand h dollars ($25,000)] sixty thousand dollars ($60,000) and is to g o t hr be awarded by [a method other than] competitive sealed [bids] g e i k bid or request for proposals."proposals»STBTC STBTCºtwenty-five thousand h r i s dollars ($25,000)»STBTC ." h , t, e u g SECTION 15.

Section 13-1-150 NMSA 1978 (being Laws 1984, e b l e e h Chapter 65, Section 123, as amended) is amended to read:

n d d i = = o h "13-1-150.

MULTI-TERM CONTRACTS--SPECIFIED PERIOD.-- l ] b ,d i a º e r i = r A.

A multi-term contract for items of tangible personalt property,e constructionw ord servicesm excepta forn professionalo services,personal inproperty, anconstruction amountor underservices twenty-fiveexcept thousand dollars ($25,000), may be entered into for anyd periodm of: time deemed to be in the best interests of the state agency or a local public body not to exceed four years;

b e d s º o t n = .229222.4SAAIC February 26, 2025 (1:51pm) s k m e - 23 - e a n e d r e l u [ A d 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;

If the e t 17 amount of the contract is twenty-five thousand dollars w l n d 18 ($25,000) or more, the term shall not exceed ten years, = = 19 a l including all extensions and renewals, except that for a i a e r 20 contract entered into pursuant to the Public Facility Energy a t m m 21 Efficiency and Water Conservation Act, the term shall not d r e 22 exceed twenty-five years, including all extensions and crenewals eSTBTCº s, kexcept 23for renewals.public-private partnership agreements»STBTC .

Payment and performance obligations for succeeding e a n b 24 fiscal periods shall be subject to the availability and u [ appropriation h of funds therefor.

.229222.4SAu -» 23r - B.

A contract for professional services may not t h g e l i exceed [four] eight years, including all extensions and h r i s renewals, except for the following:

h , e h (1) services required to support or operate t u g e b l e e , gh federally certified medicaid, financial assistance and child n d d i = = o h support enforcement management information or payment systems;

l ] b ,d i a º r (2) services to design, develop or implement e r = t e w d m a n o the taxation and revenue information management systems project authorizedd bym Laws: 1997, Chapter 125;

b r e t º o t n = .229222.4SAAIC February 26, 2025 (1:51pm) s k m e - 24 - e a n e d r e l u [ A d authorized by Laws 1997, Chapter 125;

e t 17 (4) services relating to the implementation, w l n d 18 operation and administration of the Education Trust Act;

= = 19 a l (5) services relating to measurement and i a e r 20 verification of conservation-related cost savings and utility a t m m 21 cost savings pursuant to the Public Facility Energy Efficiency d r e 22 and Water Conservation Act;

c e s k 23 (6) services relating to the design and e a n b 24 engineering of a state public works project:

uh [ (a) for a period not to exceed the .229222.4SAg -o 24t -hr requisite time for project completion and a subsequent warranty g e i k period;

and h r i s (b) upon approval of the secretary of h , t, finance and administration;

[and ] e u g e b l e e h (7) services relating to the design and n d d i = = o h engineering of a regional water project with an estimated cost l ] b ,d i a º e of more than five hundred million dollars ($500,000,000):

r i = r t e w d m a n o (a) for a period not to exceed the d m :

b e d s º o t n = .229222.4SAAIC February 26, 2025 (1:51pm) s k m e - 25 - e a n e d r e l u [ A d requisite time for project completion and a subsequent warranty period;

[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;

EFFECTIVE DATE.--The effective date of the e t 17 provisions of this act is July 1, 2025.

w- l26 n- dh 18u -» 25r -t =h =g 19e a l i ah e r 20i as h , e h t mu mg 21e db rl e 22e c, gh n d d i = = o h l ] b ,d i a º r e sr k= 23t e w d m a n bo 24d um [: .229222.4SA

b r e t º o t n = .229222.4SAAIC February 26, 2025 (1:51pm) s k m e e a n e d r e l u [ A d