SB 88 — PROCUREMENT FUNCTIONS TO GSD

u » r t h N.

store and maintain records electronically;

g e l i O.

establish, with the attorney general's approval, h r i s a procedure for electronic signatures;

h , e h t u g P.

maintain accounts and information as necessary e b l e e , gh to show the sources of state revenues and the purposes for n d d i = = o h l ] b ,d which expenditures are made and provide proper accounting i a º r e r = controls to protect state finances;

t e w d m a n o d m :

b r e t º o t n = .211584.1 s k m e - 3 - e a n e d r e l u [ A d Q.

make improvements in the state's model accounting practices, systems and procedures;

R.

assist state agencies in resolving financial questions or problems;

S.

have access to and authority to examine books, accounts, reports, vouchers, correspondence files and other records, bank accounts, money and other property of a state agency;

[and] T.

consult with the state auditor to promote better financial statement reporting;

and U.

collect and maintain information on the amount of state agency contracts awarded to in-state contractors and the amount awarded to out-of-state contractors."»HJC HJCºSECTION 1.

"[NEW"STATE MATERIAL] STATE AGENCY--REPORTING REQUIRED--IN-STATE h u AND OUT-OF-STATE CONTRACTS.--All state agencies shall report » r t h annually to the purchasing division of the general services g e l i department information on the amount of state agency contracts h r i s h , awarded to in-state contractors and the amount awarded to out-out-of-state econtractors." h t u g of-state contractors."»HJC e b l e e , gh SECTION 2.

Section 13-1-118 NMSA 1978 (being Laws 1984, n d d i = = o h l ] b ,d Chapter 65, Section 91) is amended to read:

i a º r e r = "13-1-118.

COMPETITIVE SEALED PROPOSALS--PROFESSIONAL tSERVICES eCONTRACTS--CONTRACT wREVIEW.--All dcontracts mfor aSB n88 oprofessional dservices mwith :state agencies shall be reviewed Page 1 as to form, legal sufficiency and budget requirements by the general services department if required by the regulations of the department.

bThis rsection edoes tnot ºapply oto tcontracts nentered =into .211584.1by sthe klegislative mbranch eof -state 4government, -the ejudicial abranch nof estate dgovernment ror ethe lboards uof [regents Aof d SERVICES CONTRACTS--CONTRACT REVIEW.--All contracts for professional services with state agencieseducational shallinstitutions benamed reviewedin asArticle to12, form,Section legal11 sufficiency and budget requirements by the general services department [or the department of finance and administration] if required by the regulationsconstitution of [eitherNew orMexico." bothSECTION of3. the departments] the department.

This section [shall] does not apply to contracts entered into by the legislative branch of state government, the judicial branch of state government or the boards of regents of state educational institutions named in Article 12, Section 11 of the constitution of New Mexico." SECTION 3.

A central purchasing office shall procure services, construction or items of tangible personal property h having a value not exceeding sixty thousand dollars ($60,000), u » r excluding applicable state and local gross receipts taxes, in t h g e l i accordance with the applicable small purchase rules adopted by h r i s the secretary, a local public body or a central purchasing h , e h office that has the authority to issue rules.

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

Notwithstanding the requirements of Subsection A n d d i = = o h of this section, a central purchasing office may procure l ] b ,d i a º r professional services having a value not exceeding sixty ethousand rdollars =($60,000), texcluding eapplicable wstate dand mlocal agross nreceipts otaxes, thousandexcept dollarsfor ($60,000),the excludingservices applicableof landscape architects or surveyors for state andpublic dworks mprojects :or local public works projects, in accordance with SB 88 Page 2 professional services procurement rules promulgated by the general services department or a central purchasing office with the authority to issue rules.

b r e t º o t n = .211584.1 s k m e - 5 - e a n e d r e l u [ A d local gross receipts taxes, except for the services of landscape architects or surveyors for state public works projects or local public works projects, in accordance with professional services procurement rules promulgated by [the department of finance and administration] the general services department or a central purchasing office with the authority to issue rules.

Procurement requirements shall not be artificially divided so as to constitute a small purchase under h this section." u » r SECTION 4.

Section 13-1-126.1 NMSA 1978 (being Laws 2013, t h g e l i Chapter 40, Section 6) is amended to read:

h r i s "13-1-126.1.

SOLE SOURCE CONTRACTS--NOTICE--PROTEST.-- h , e h A.

At least thirty days before it awards a sole t u g e b l e e , gh source contract, [is awarded] the state purchasing agent [a n d d i = = o h central purchasing office or a designee of either] shall post l ] b ,d i a º r notice of [the ] its intent to award [a sole source] the e r = t e w d m a n o contract on its [webwebsite. site.

IfAt least thirty days before it awards a sole source contract, a central purchasing office doesshall dpost mnotice :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.

b r e t º o t n = .211584.1 s k m e - 6 - e a n e d r e l u [ A d not maintain a web site, it shall post the notice] website.

At least thirty days before it awards a sole source contract, a central purchasing office 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 [web site] website.

SB 88 Page 3 (1) the parties to the proposed contract;

Any qualified potential contractor [who ] that was not [awarded] selected for a proposed sole source contract may protest [tothe selection in writing, within fifteen calendar days after the notice of intent to award the contract was posted by the state purchasing agent or acentral purchasing office, by submitting the protest to the state purchasing agent or central purchasing office.office, as appropriate.

The protest shall be submitted] the h selection in writing, within fifteen calendar days [of] after g o t hr the notice of intent to award [a] the contract [being] was g e i k posted by the state purchasing agent or [a] central purchasing hoffice rshall ithen sreconsider office,its byselection." submittingSECTION the5. protest to the state purchasing agent h , t, or central purchasing office, as appropriate.

TheSection state13-1-127 eNMSA u1978 g(being eLaws b1984, lChapter e65, eSection h100, purchasingas agentamended) oris centralrepealed purchasingand officea shallnew thenSection n13-1-127 dNMSA d1978 iis =enacted =to oread: h reconsider its selection." l ] b ,d i a º e SECTION 5.

Section 13-1-127 NMSA 1978 (being Laws 1984, r i = r t e w d m a n o Chapter 65, Section 100, as amended) is repealed and a new d m :

b e d s º o t n = .211584.1 s k m e - 7 - e a n e d r e l u [ A d Section 13-1-127 NMSA 1978 is enacted to read:

[NEW MATERIAL ] EMERGENCY PROCUREMENT--REQUIRED CONDITIONS--LIMITATIONS--NOTICE.-- A.

(a) control a serious threat to public SB 88 Page 4 health, welfare, safety or property caused by a flood, fire, epidemic, riot, act of terrorism, equipment failure or similar event;

and h (2) cannot be acquired through normal g o t hr procurement methods.

g e i k B.

The state purchasing agent or a central h r i s purchasing office:

h , t, (1) in making an emergency procurement, shall:

e u g e b l e e h (a) employ a competitive process to the n d d i = = o h extent practicable under the circumstances;

and l ] b ,d i a º e (b) use due diligence in determining the r i = r t e w d m a n o basis for the procurement and in selecting a contractor;

and d(2) mshall :not make an emergency procurement for the purchase or lease of heavy road equipment.

b e d s º o t n = .211584.1 s k m e - 8 - e a n e d r e l u [ A d (2) shall not make an emergency procurement for the purchase or lease of heavy road equipment.

SB 88 Page 5 (1) the state purchasing agent shall post notice of the procurement on its website;

The state purchasing agent or a central purchasing office that makes an emergency procurement to plan or prepare for the response to a serious threat to public h health, welfare, safety or property caused by a flood, fire, u » r epidemic, riot, act of terrorism, equipment failure or similar t h g e l i event shall account for the money spent in making the h r i s procurement and report on that accounting to the legislative h , e h finance committee and the department of finance and t u g e b l e e , gh administration within sixty days after the end of the fiscal n d d i = = o h year in which the procurement was made." l ] b ,d i a º r SECTION 6.

TEMPORARY PROVISION--TRANSFER OF PERSONNEL, e r = t e w d m a n o FUNCTIONS, APPROPRIATIONS, MONEY, PROPERTY, CONTRACTUAL dOBLIGATIONS, mSTATUTORY :REFERENCES AND RULES.-- A.

bOn rthe eeffective tdate ºof othis tact, nall =personnel, .211584.1functions, sappropriations, kmoney, mrecords, efurniture, -equipment 9and -other eproperty aof, nor eattributable dto, rthe econtracts lreview ubureau [of Athe dadministrative OBLIGATIONS,services STATUTORYdivision REFERENCESof ANDthe RULES.--department A.of finance and administration are transferred to the purchasing division of SB 88 Page 6 the general services department.

On the effective date of this act, all personnel, functions, appropriations, money, records, furniture, equipment and other property of, or attributable to, the contracts review bureau of the administrative services division of the department of finance and administration are transferred to the purchasing division of the general services department.

On and after the effective date of this act, rules of the department of finance and administration pertaining to the approval of professional services contracts h shall be deemed to be the rules of the general services u » r department until amended or repealed by the general services t h g e l i department, and all references in those rules to the department h r i s of finance and administration shall be deemed to be references h , e h to the general services department.

t u g e b l e e , gh SECTION 7.

EFFECTIVE DATE.--The effective date of the n d d i = = o h provisions of this act is July 1, 2019.

lSB ]88 bPage ,d7 i25 a º r - 10 - e r = t e w d m a n o d m :

b r e t º o t n = .211584.1 s k m e e a n e d r e l u [ A d