SB 53 — PROCUREMENT CHANGES

=When =a lpublic ]body 19makes E.a purchase using a a t m m 21 formal request for proposals process, and the contract is d r e 22 awarded based on a point-based system, the public body shall c e s k 23 award additional points equivalent to [(1) five percent of the e a n b 24 total possible points to a resident business;

Whenor au public[ body(2)] makesten apercent purchaseof usingthe atotal apossible lpoints r.219636.2 i- 205 formal- requestSTBTC/SB for53 proposalsto process,a andresident thebusiness, contractresident isminority tbusiness, eresident atribal tbusiness awardedor basedresident onveteran abusiness point-based[that system,has theannual publicgross bodyrevenues shallof mup mto 21three emillion ddollars award($3,000,000) additionalin pointsthe equivalentpreceding to:tax year].

r e 22 c e r c 23 (1) five percent of the total possible points e a n b 24 to a resident business, resident minority business or resident u [ tribal business;

or .218719.3GLG - 5 - (2) ten percent of the total possible points to a resident veteran business that has annual gross revenues of up to three million dollars ($3,000,000) in the preceding tax year.

When a joint bid or joint proposal is submitted 6 by a combination of resident veteran, resident or nonresident, resident minority or resident tribal businessesbusinesses, the preference provided pursuant to Subsection B, C, D or E of this section shall be calculated in proportion to the percentage of the contract, based on the dollar amount of the goods or services provided under the contract, that will be performed by each 12 business as specified in the joint bid or proposal.

G.[G.

A resident veteran business, resident minority business or resident tribal business shall not benefit from the preference pursuant to this section for more than ten consecutive years.

A person that is an owner of a business e e 17 that is a resident veteran business, resident minority business e e n d 18 or resident tribal business shall not benefit from the =e =t l17 ] 19 preference pursuant to this section for more than ten aw l rn id 2018 consecutive years.

A person shall not benefit from the t= e= a19 t provisions of this section based on more than one business ma ml 21i a e dr 20 concurrently.

ra et 22m cm e21 rH.] cG. 23 H.

A public body shall not award a business [bothd ar e a22 n[both ba 24 resident business preference and a resident veteran businessc ue [s k 23 business preference] more than one preference pursuant to this e a n b 24 section.

.218719.3GLGu -[ 6[I.] -H. I.

The procedures provided in Sections .219636.2 - 6 - STBTC/SB 53 13-1-172 through 13-1-183 NMSA 1978 or in an applicable purchasing ordinance apply to a protest to a public body concerning the awarding of a contract in violation of this section.

J.[J.] I.

This section shall not apply when the 6 expenditure includes federal funds for a specific purchase." SECTION 2.

CERTIFICATIONS[RESIDENT --RESIDENT BUSINESS, RESIDENT VETERAN BUSINESS, RESIDENT MINORITY BUSINESS, RESIDENT TRIBAL BUSINESS, RESIDENT CONTRACTOR AND RESIDENT VETERAN CONTRACTOR [CERTIFICATIONCERTIFICATION] ].--CERTIFICATIONS FOR PREFERENCES.-- A.

To receive a resident business, [or[or] ] resident veteran business, resident minority business or resident tribal business preference pursuant to Section 13-1-21 NMSA 1978 or a resident contractor, [or] resident veteran contractor, resident minority contractor or resident veterantribal contractor preference e et 17 pursuant to Section 13-4-2 NMSA 1978, a business or contractor ew el n d 18 shall submit with its bid or proposal a copy of [a valid = = l ] 19 resident business certificate, valid resident veteran business a l r i a e r 20 certificate, valid resident contractor certificate, or valid a t em am t21 resident veteran contractor] the certificate issued by the md mr 21 e d22 taxation and revenue department to the business or contractor r e 22 c e rs ck 23 pursuant to this section.

AnTo applicationqualify for a residentcertification businesspursuant to this u [ certificatesection, shallthe includegross anrevenues affidavitof fromthe aapplicant certifiedbusiness publicor .218719.3GLG.219636.2 - 7 - accountantSTBTC/SB setting53 forthcontractor thatin the businesspreceding istax licensedyear toshall donot businessexceed inthree thismillion statefive andhundred that:thousand dollars ($3,500,000).

(1)Every two years, the businesstaxation hasand paidrevenue propertydepartment taxesshall oradjust rentthe ongross realrevenues propertyrequired by this subsection in theaccordance statewith andthe paidpercentage atof leastthe onepreceding othertwo taxcalendar administeredyears' byincrease of the stateconsumer inprice eachindex offor theall threeurban yearsconsumers, 6United immediatelyStates precedingcity average for all items, published by the submissionUnited States department of labor, and shall publish the affidavit;increased amounts on its website.

(2)[B.] ifC. the business is a new business, the owner or majority of owners has paid property taxes or rent on real property in the state and has paid at least one other tax administered by the state in each of the three years immediately preceding the submission of the affidavit and has 12 not applied for a resident business or resident contractor certificate pursuant to this section during that time period;

(3)An ifapplication thefor business is a relocatedresident business,business atcertificate leastshall eightyinclude percentan ofaffidavit the[from totala personnelcertified ofpublic theaccountant] businessproviding in the yearprevious immediatelyyear's precedinggross therevenues submissionfor of the ebusiness eand 17setting affidavitforth werethat residents of the statebusiness andis that,licensed prior to thedo e e n d 18 submission of the affidavit, the business either leased real = = l ] 19 property for ten years or purchased real property greater than a l r i 20 one hundred thousand dollars ($100,000) in valuethis instate theand state;that:

t(1) e a t or m m 21 e d (4) if the business ishas apaid previouslyproperty certifiedtaxes r e 22 c e r c 23 business or wasrent eligibleon forreal certification,property in the businessstate hasand epaid aat nleast b 24 changed its name, has reorganized into one orother moree differentt u17 [tax legaladministered entities, was purchased by another legal entity but .218719.3GLG - 8 - operates in the state asin substantiallyeach of the samethree commercialyears enterprisew orl hasn mergedd with18 aimmediately differentpreceding legal entity but operates in the statesubmission asof substantially the sameaffidavit; commercial enterprise.

C.= = 19 (2) if the business is a new business, the a l i a e r 20 owner or majority of owners has paid property taxes or rent on a t m m 21 real property in the state and has paid at least one other tax d r e 22 administered by the state in each of the three years c e s k 23 immediately preceding the submission of the affidavit and has e a n b 24 not applied for a resident business or resident contractor u [ certificate pursuant to this section during that time period;

An.219636.2 application- for8 a- residentSTBTC/SB veteran53 (3) if the business 6is certificatea shallrelocated includebusiness, theat affidavitleast requiredeighty bypercent Subsectionof Bthe total personnel of thisthe section,business anin affidavitthe fromyear aimmediately certifiedpreceding publicthe accountantsubmission providingof the previousaffidavit year'swere annualresidents revenuesof the state and that, prior to the submission of the residentaffidavit, veteranthe business and:either leased real property for ten years or purchased real property greater than one hundred thousand dollars ($100,000) in value in the state;

(1)or verification(4) byif the federalbusiness departmentis ofa veteranspreviously affairscertified asbusiness beingor eitherwas aeligible veteran-ownedfor smallcertification, the business 12has changed its name, has reorganized into one or more different legal entities, was purchased by another legal entity but operates in the state as substantially the same commercial enterprise or has merged with a service-disableddifferent veteran-ownedlegal smallentity business;but operates in the state as substantially the same commercial enterprise.

or (2) verification of veteran status as indicated by the United States department of defense DD form 214 of release or discharge from active duty with an honorable discharge or of service-disabled veteran status by the e et 17 department[C.] ofD. veterans affairs and proof that a veteran or e e n d 18 veterans own a majority of the business.

An application for a resident veteran w l n d 18 business certificate shall include the affidavit required by = = 19 Subsection [B] C of this section [an affidavit from a certified a l ]i 19a D.e r 20 public accountant providing the previous year's annual revenues a t m m 21 of the resident veteran business] and:

And applicationr fore 22 (1) verification by the federal department of c e s k 23 veterans affairs as being either a residentveteran-owned minoritysmall business e a ln rb i24 20or certificatea shallservice-disabled include:veteran-owned small business;

tor eu a[ t(2) (1)verification of veteran status as .219636.2 - 9 - STBTC/SB 53 indicated by the affidavitUnited requiredStates department of defense DD form 214 of release or discharge from active duty with an honorable discharge or of service-disabled veteran status by Subsectionthe Bdepartment of mveterans maffairs 21and eproof dthat thisa section;veteran or veterans own a majority of the business.

and r e 22 c e r c 23 (2) verification, as prescribed by the e a n b 24 taxation and revenue department, that more than fifty percent u [ of the business is owned by women or persons who identify as .218719.3GLG - 9 - African American, Latino or Hispanic, Asian, Pacific Islander, Native American or Alaska native.

An application for a resident tribalminority business certificate shall include:

(1) anthe affidavit settingrequired forthby thatSubsection theC 6 business' principal place of businessthis issection; on tribal land within the boundaries of New Mexico;

and (2) verification,verification asthat prescribedmore bythan fifty percent of the taxationbusiness andis revenueowned department,by that:women or persons who are African American or Black, Latino or Hispanic, Asian, Pacific Islander, Native American or Alaska native.

(a)The therequirements businessof isthis whollyparagraph ownedmay bybe asatisfied federallyby recognizedsubmitting Indianverification nation,of tribewomen-owned or pueblominority-owned locatedbusiness 12status whollyby oran partiallyagency inof Newthe Mexico,United includingStates government or a politicalnational subdivision,certifying entity e t 17 approved by an agency of the United States government or departmentby w l n d 18 submitting other evidence of women-owned or minority-owned = = 19 business status as established by the Indiantaxation nation,and triberevenue ora pueblo;l i a e r 20 department in rule.

(b) the business is an incorporated or unincorporated enterprise of a federallyt recognizedm Indianm e21 eF. 17 nation, tribe or pueblo located wholly or partially in New e e n d 18 Mexico;

=An =application lfor ] 19 (c) more than fifty percent of the a lresident rtribal i 20 business isd ownedr by persons who are enrolled members of a t e a22 tcertificate federallyshall recognizedinclude: Indian nation, tribe or pueblo located m m 21 e d wholly or partially in New Mexico;

or r e 22 c e rs ck 23 (d)(1) thean businessaffidavit isproviding athe corporationprevious year's e a n b 24 consideredgross torevenues befor anthe Indianbusiness nation,and tribesetting orforth pueblo,that locatedthe u [ whollybusiness's orprincipal partiallyplace inof Newbusiness Mexico,is byon thetribal federalland governmentwithin or.219636.2 .218719.3GLG - 10 - STBTC/SB 53 the state.boundaries of New Mexico;

[D.]and F.(2) verification, as prescribed by rule of the taxation and revenue department, that:

An(a) applicationthe forbusiness is wholly owned by a residentfederally contractorrecognized certificateIndian shallnation, includetribe anor affidavitpueblo fromlocated awholly certifiedor publicpartially accountantin settingNew forthMexico, thatincluding thea contractorpolitical issubdivision, currentlyagency licensedor asdepartment aof contractorthe inIndian thisnation, statetribe andor that:pueblo;

6(b) (1) the contractorbusiness has:is an incorporated or unincorporated enterprise of a federally recognized Indian nation, tribe or pueblo located wholly or partially in New Mexico;

(c) more than fifty percent of the business is owned by persons who are enrolled members of a federally recognized Indian nation, tribe or pueblo located wholly or partially in New Mexico;

or e t 17 (d) the business is a corporation w l n d 18 considered to be an Indian nation, tribe or pueblo, located = = 19 wholly or partially in New Mexico, by the federal government or a l i a e r 20 the state.

a t m m 21 [D.] G.

An application for a resident contractor d r e 22 certificate shall include an affidavit [from a certified public c e s k 23 accountant] providing the previous year's annual revenues for e a n b 24 the contractor and setting forth that the contractor is u [ currently licensed as a contractor in this state and that:

.219636.2 - 11 - STBTC/SB 53 (1) the contractor has:

1) paid property taxes or rent on real property in the state and paid 12 at least one other tax administered by the state;

e e 17 (2) if the contractor is a new contractor, the e e n d 18 owner or majority of owners has paid property taxes or rent on = = l ] 19 real property in the state and has paid at least one other tax a l r i 20 administered by the state in each of the five years immediately t e a t preceding the submission of the affidavit and has not applied m m 21 e dt 17 for a resident business or resident contractor certificate rw el 22n cd e18 r c 23 pursuant to this section during that time period;

e= a= n19 b 24 (3) if the contractor is a relocated business, ua [l i a e r 20 at least eighty percent of the total personnel of the business .218719.3GLGa -t 11m -m 21 in the year immediately preceding the submission of the d r e 22 affidavit were residents of the state and that, prior to the c e s k 23 submission of the affidavit, the contractor either leased real e a n b 24 property for ten years or purchased real property greater than u [ one hundred thousand dollars ($100,000) in value in the state;

6.219636.2 - 12 - STBTC/SB 53 or (4) if the contractor is a previously certified contractor or was eligible for certification, the contractor has changed its name, has reorganized into one or more different legal entities, was purchased by another legal entity but operates in the state as substantially the same 12 enterprise or has merged with a different legal entity but operates in the state as substantially the same commercial enterprise.

[E.] G.H.

An application for a resident veteran contractor certificate shall include the affidavit required by e e 17 Subsection [D] FG of this section,section an[an affidavit from a certified e e n d 18 public accountant providing the previous year's annual revenues = = l ] 19 for the resident veteran contractorcontractor] and:

a l r i 20 (1) verification by the federal department of t e a t veterans affairs as being either a veteran-owned small business m m 21 e dt 17 or a service-disabled veteran-owned small business;

or rw el 22n cd e18 r c 23 (2) verification of veteran status as e= a= n19 b 24 indicated by the United States department of defense DD form ua [l i a e r 20 214 of release or discharge from active duty with an honorable .218719.3GLGa -t 12m -m 21 discharge or of service-disabled veteran status by the d r e 22 department of veterans affairs and proof that a veteran or c e s k 23 veterans own a majority of the business.

[F.]e H.a n b 24 I.

TheAn taxationapplication andfor revenuea departmentresident shallminority prescribeu the[ formcontractor andcertificate contentshall ofinclude: an application for 6 certification and required affidavit.

The.219636.2 taxation- and13 revenue- departmentSTBTC/SB shall53 examine(1) the application and affidavit and,required ifby necessary,Subsection mayG seek additional information to ensure that the business or contractor is eligible to receive the certificate pursuant to the provisions of this section.section;

Ifand the(2) taxationverification andthat revenuemore departmentthan determinesfifty thatpercent anof applicantthe business is 12owned eligible,by thewomen departmentor shallpersons issuewho aare certificateAfrican pursuantAmerican toor theBlack, provisionsLatino ofor thisHispanic, section.Asian, Pacific Islander, Native American or Alaska native.

IfThe therequirements taxationof andthis revenueparagraph departmentmay determinesbe thatsatisfied by submitting verification of women-owned or minority-owned business status by an agency of the applicantUnited isStates notgovernment eligible,or a national certifying entity approved by an agency of the departmentUnited shallStates issuegovernment notificationor withinby thirtysubmitting days.other evidence of women-owned or minority-owned business status as established by the taxation and revenue department in rule.

IfJ. no notification is provided by the department, the certificate is e e 17 deemed approved.

AAn certificateapplication is valid for threea yearsresident fromtribal econtractor ecertificate nshall dinclude: 18 the date of its issuance;

provided(1) thatan ifaffidavit thereproviding isthe aprevious changeyear's ofe = = l ] 19 ownership of more than fifty percent, a [resident ] business a l r i 20 [resident veteran business, resident contractor, or resident t e17 agross trevenues veteranfor contractor]the shallcontractor reapplyand forsetting aforth certificate.that:

mw ml 21n e d [G.]18 I.(a) the contractor is currently licensed = = 19 as a contractor in this state;

Aa businessl ori contractora whose application r e 22 c e r c20 23(b) forthe acontractor certificate is denied has fifteenregistered dayswith from the date of e a nt bm 24m the21 taxation and revenue department's decision to file an u [ objection with the taxationstate andat revenueleast department.one vehicle;

Theand persond .218719.3GLGr -e 1322 -(c) filing the objectioncontractor's shallprincipal submitplace evidenceof toc supporte s k 23 business is on tribal land within the objection.boundaries of New Mexico;

Thee taxationa n b 24 and revenueu department[ shall(2) reviewverification, theas evidenceprescribed andby issuerule aof decisionthe within.219636.2 fifteen- days14 of- theSTBTC/SB filing53 oftaxation theand objection.revenue department, that:

[H.](a) J.the business is wholly owned by a federally recognized Indian nation, tribe or pueblo located wholly or partially in New Mexico, including a political subdivision, agency or department of the Indian nation, tribe or pueblo;

If,(b) following a hearing and an opportunity 6 to be heard, the administrative hearings office finds that a business oris contractoran providedincorporated false information to the taxation and revenue department in order to obtain a certificate pursuant to this section or thatunincorporated aenterprise businessof or contractor used a certificatefederally torecognized obtainIndian anation, [residenttribe business, resident veteran business, resident contractor or residentpueblo 12located veteranwholly contractor] preference for a bid or proposalpartially and the [resident business, resident veteran business, resident contractor or resident veteran] business or contractor did not perform the percentage of the contract specified in theNew bidMexico; or proposal, the business or contractor:

e(c) emore 17than (1)fifty ispercent not eligible to receive a certificate e e n d 18 or a preference pursuant to Section 13-1-21 or 13-4-2 NMSA 1978 = = l ] 19 for a period of five years from the datebusiness onis whichowned theby taxationpersons awho lare renrolled imembers 20 and revenue department became aware of thea submissionfederally ofrecognized theIndian tnation, etribe aor tpueblo falselocated informationwholly or thepartially failure to perform the contract as m m 21 e d specified in theNew bidMexico; or proposal;

andor r(d) ethe 22business cis ea rcorporation cconsidered 23to (2)be isan subjectIndian tonation, antribe administrativeor penaltypueblo, oflocated e at n17 bwholly 24or uppartially toin fiftyNew thousandMexico, dollarsby ($50,000)the forfederal eachgovernment violation.or w l n d 18 the state.

u= [= [I.]19 [F.] K.

InThe a decision issued pursuant to Subsection .218719.3GLG - 14 - [G or H] I or J of this section, the taxation and revenue department orshall administrativea hearingsl officei shalla statee ther reasons20 forprescribe the actionform taken and informcontent an aggrieved business or contractor of thean rightapplication tofor judiciala reviewt ofm them determination21 pursuantcertification toand therequired provisionsaffidavit. of Section 39-3-1.1 6 NMSA 1978.

[J.]The L.taxation and revenue d r e 22 department shall examine the application and affidavit and, if c e s k 23 necessary, may seek additional information to ensure that the e a n b 24 business or contractor is eligible to receive the certificate u [ pursuant to the provisions of this section.

TheIf the taxation .219636.2 - 15 - STBTC/SB 53 and revenue department maydetermines assessthat aan reasonableapplicant feeis foreligible, the issuancedepartment ofshall issue a certificate notpursuant to exceed the actualprovisions cost of administering the taxation and revenue department's duties pursuant to this section.

[K.]If M.the taxation and revenue department determines that the applicant is not eligible and denies the application, the department shall issue notification of the denial, including the reasons for the denial, within thirty days.

TheIf stateno auditornotification mayis auditprovided orby review the 12department, issuancethe orcertificate validityis ofdeemed certificates.approved.

[L.]A N.certificate is valid for three years from the date of its issuance;

provided that if there is a change of ownership of more than fifty percent, a [resident] business [resident veteran business, resident contractor, or resident veteran] or contractor shall reapply for a certificate.

[G.

A business or contractor whose application for a certificate is denied has fifteen days from the date of the taxation and revenue department's decision to file an objection e t 17 with the taxation and revenue department.

The person filing w l n d 18 the objection shall submit evidence to support the objection.

= = 19 The taxation and revenue department shall review the evidence a l i a e r 20 and issue a decision within fifteen days of the filing of the a t m m 21 objection.] d r e 22 L.

A business or contractor whose application for a c e s k 23 certificate is denied may protest the denial by filing a e a n b 24 petition with the administrative hearings office.

A person u [ that files a petition pursuant to this subsection shall be .219636.2 - 16 - STBTC/SB 53 entitled to a hearing on the applicant's protest.

A petition shall:

(1) be filed no later than ninety days after the taxation and revenue department notifies the applicant that the application for certification has been denied;

(2) state the applicant's name and address;

(3) state why the applicant believes the denial of the application for certification is incorrect, and why the applicant believes the application for certification should have been approved;

and (4) contain other information as the administrative hearings office may require by rule.

[H.] M.

If, following a hearing and an opportunity to be heard, the administrative hearings office finds that a business or contractor provided false information to the taxation and revenue department in order to obtain a e t 17 certificate pursuant to this section or that a business or w l n d 18 contractor used a certificate to obtain a [resident business, = = 19 resident veteran business, resident contractor or resident a l i a e r 20 veteran contractor] preference for a bid or proposal and the a t m m 21 [resident business, resident veteran business, resident d r e 22 contractor or resident veteran] business or contractor did not c e s k 23 perform the percentage of the contract specified in the bid or e a n b 24 proposal, the business or contractor:

u [ (1) is not eligible to receive a certificate .219636.2 - 17 - STBTC/SB 53 or a preference pursuant to Section 13-1-21 or 13-4-2 NMSA 1978 for a period of five years from the date on which the taxation and revenue department became aware of the submission of the false information or the failure to perform the contract as specified in the bid or proposal;

and (2) is subject to an administrative penalty of up to fifty thousand dollars ($50,000) for each violation.

[I.] N.

In a decision issued pursuant to Subsection [G or H] L or M of this section, the [taxation and revenue department or] administrative hearings office shall state the reasons for the action taken and inform an aggrieved business or contractor of the right to judicial review of the determination pursuant to the provisions of Section 39-3-1.1 NMSA 1978.

[J.] O.

The taxation and revenue department may assess a reasonable fee for the issuance of a certificate not e t 17 to exceed the actual cost of administering the taxation and w l n d 18 revenue department's duties pursuant to this section.

= = 19 [K.] P.

The state auditor may audit or review the a l i a e r 20 issuance or validity of certificates.

a t m m 21 [L.] Q.

d r e 22 (1) "new business" means a person that did not c e s k 23 exist as a business in any form and that has been in existence e a n b 24 for less than three years;

eu e[ 17 (2) "new contractor" means a person that did e.219636.2 e- n18 d- 18STBTC/SB 53 not exist as a business in any form and that has been in = = l ] 19 existence for less than five years;

a l r i 20 (3) "legacy contractor" means a construction t e a t business that has been licensed in this state for ten m m 21 e d consecutive years;

and r e 22 c e r c 23 (4) "relocated business" means a business that e a n b 24 moved eighty percent of its total domestic personnel from u [ another state to New Mexico in the past five years." .218719.3GLG - 15 - SECTION 3.

"[NEW MATERIAL] NEW MEXICO BUSINESSES--EXCLUSIVE PROCUREMENTS AUTHORIZED.--The state purchasing agent or a central purchasing office may design procurements to 6 exclusively receive proposals, bids or responses from New Mexico businesses."businesses; SECTION 4.

provided that this section shall not apply to procurements using federal or private funds." e t 17 SECTION 4.

A new section of the Procurement Code is w l n d 18 enacted to read:

= = 19 "[NEW MATERIAL] DEFINITION--ADVERTISING.--"Advertising" a l i a e r 20 means the promotion of a product or service through paid media a t m m 21 and does not include marketing." d r e 22 SECTION 5.

A new section of the Procurement Code is c e s k 23 enacted to read:

e a n b 24 "[NEW MATERIAL] DEFINITION--EVALUATION FACTORS.-- u [ "Evaluation factors" means the factors stated in the request .219636.2 - 19 - STBTC/SB 53 for proposals that are used by evaluators to determine which competing proposal is most advantageous to the procuring state agency or local public body." SECTION 6.

"[NEW MATERIAL] DEFINITION--ADVERTISING.--"Advertising"DEFINITION--MARKETING.--"Marketing" means the promotionprocess of aidentifying productpublic needs or servicedesires throughand paiddetermining mediahow andbest doesto notmeet includethose marketing."needs or desires, including any element of the process such as creation, research, design, planning or data mining." SECTION 5.7.

A new section of the Procurement Code is enacted to read:

"[NEW MATERIAL] DEFINITION--EVALUATION FACTORS.-- "Evaluation factors" means the factors stated in the request e e 17 for proposals that are used by evaluators to determine which e e n d 18 competing proposal is most advantageous to the procuring state = = l ] 19 agency or local public body." a l r i 20 SECTION 6.

A new section of the Procurement Code is t e a t enacted to read:

m m 21 e d "[NEW MATERIAL] DEFINITION--MARKETING.--"Marketing" means r e 22 c e r c 23 the process of identifying agency needs and determining how e a n b 24 best to meet those needs, including any element of the process u [ such as creation, research, design, planning or data mining." .218719.3GLG - 16 - SECTION 7.

A new section of the Procurement Code is enacted to read:

"[NEW MATERIAL] DEFINITION--NEGOTIATION PROCESS.-- "Negotiation process" means the actions taken to obtain a best and final offer between the parties to an awarded contract before the contract is fully executed." SECTION 8.

DEFINITION--CENTRAL PURCHASING OFFICE.--OFFICE.– "Central purchasing office" means that office, entity, bureau or purchasing staff within a state agency or a local public body responsible for the control of procurement of items of e t 17 tangible personal property, professional services, general w l n d 18 services or construction ["Central purchasing office"] and = = 19 a l includes the purchasing division of the general services department."i ea e 17r 20 department." a t m m 21 SECTION 9.8.

Section 13-1-95.113-1-88 NMSA 1978 (being Laws 2001,1984, ed r e n22 d 18 Chapter 292,65, Section 7,61) as amended) is amended to read:

=c =e ls ]k 1923 "13-1-95.1."13-1-88.

ELECTRONICDEFINITION--SMALL TRANSMISSIONS.--BUSINESS.--"Small business" e a ln rb i24 means a business, not a subsidiary or division of another u [ business, having an average annual [volume] gross revenue for .219636.2 - 20 A.- STBTC/SB 53 the preceding three fiscal years [which] that does not exceed [one million five hundred thousand dollars ($1,500,000)] three million five hundred thousand dollars ($3,500,000), increased every two years by the taxation and revenue department by the percentage of the preceding two calendar years' increase of the consumer price index for all urban consumers, United States city average for all items, published by the United States department of labor." SECTION 9.

TheSection state13-1-95.1 purchasingNMSA agent1978 shall(being developLaws t2001, eChapter a292, tSection guidelines7, foras centralamended) purchasingis officesamended to useread: electronic m m 21 e d r e 22 media, including distribution of solicitations and acceptance c e r c 23 of sealed bids and competitive sealed proposals that include e a n b 24 electronic signatures.

"13-1-95.1.

ELECTRONIC TRANSMISSIONS.-- A.

The state purchasing agent shall develop guidelines for central purchasing offices to use electronic media, including distribution of solicitations and acceptance of sealed bids and competitive sealed proposals that include electronic signatures.

ue [t 17 (1) appropriate security to prevent .218719.3GLGw -l 17n -d 18 unauthorized access to electronically submitted bids or = = 19 proposals prior to the date and time set for opening of bids or a l i a e r 20 the deadline set for receipt for proposals, including the a t m m 21 electronic bidding, approval and award process;

and d r e 22 (2) accurate retrieval or conversion of c e s k 23 electronic forms of information into a medium that permits e a n b 24 inspection and copying.

u [ B.

A central purchasing office, in an invitation .219636.2 - 21 - STBTC/SB 53 for bids or a request for proposals, may require all or any part of a sealed bid or a competitive sealed proposal to be submitted electronically if the office determines that an electronic submission will be advantageous to the procurement process.

(1) no hard copy documentation shall be submitted to the central purchasing office prior to the award of the contract, except as specifically identified in the e e 17 invitation for bids or the request for proposals;

e e n d 18 (2) the invitation for bids or request for = = l ] 19 proposals shall specify an opening date and time, a fixed a l r i 20 closing date and time and [an email account or otherother] ] a secure t e a t electronic location to which the electronic bid or proposal m m 21 e d r e 22 shall be submitted;

provided that the process of uploading and c e r c 23 submitting the electronic bid or proposal shall be completed in e a n b 24 full no later than the fixed closing date and time;

ue [t 17 (3) sealed bids submitted electronically shall .218719.3GLGw -l 18n -d 18 be opened publicly in the presence of one or more witnesses at = = 19 the time and place designated in the invitation for bids, a l i a e r 20 including virtual openings conducted by video conferencingconferencing. .

a t m m 21 The amount of each bid and each bid item, if appropriate, and d r e 22 such other relevant information as may be specified by the c e s k 23 state purchasing agent or a central purchasing office, together e a n b 24 with the name of each bidder, shall be recorded, and the record u [ and each bid shall be open to public inspection;

and .219636.2 - 22 - STBTC/SB 53 (4) for sealed proposals, the proposals shall be opened, evaluated and the contract awarded as required in the request for proposals and as otherwise provided in the Procurement Code." SECTION 10.

CHIEF PROCUREMENT OFFICERS--REPORTING REQUIREMENT--TRAINING--CERTIFICATION.-- e e 17 A.

[On or before January 1 of each year beginning e e n d 18 in 2014, and every time] When a chief procurement officer is = = l ] 19 hired, each state agency and local public body shall provide to a l r i 20 the state purchasing agent the name of the state agency's or t e a t local public body's chief procurement officer and information m m 21 e d r e 22 identifying the state agency's or local public body's central c e r c 23 purchasing office, if applicable, and shall register the chief e a n b 24 procurement officer on the purchasing division website along ue [t 17 with updated information, as needed.

Corrective action to .218719.3GLGw -l 19n -d 18 update information, registration and replacement of chief = = 19 procurement officers is the responsibility of each state agency a l i a e r 20 and local public body.

a t m m 21 B.

The state purchasing agent shall maintain a list d r e 22 of the names of the chief procurement officers reported to the c e s k 23 state purchasing agent by state agencies and local public e a n b 24 bodies.

The state purchasing agent shall make the list of u [ chief procurement officers available to the public through the .219636.2 - 23 - STBTC/SB 53 [web site] website of the purchasing division of the general services department and in any other appropriate form.

On or before January 1, 2015, the state purchasing agent shall establish a certification program for chief procurement officers that includes initial certification e e 17 and recertification every two years for all chief procurement e e n d 18 officers.

In order to be recertified, a chief procurement = = l ] 19 officer shall pass a recertification examination approved by a l r i 20 the secretary of general services.

t e a t E.

On and after July 1, 2015, only certified chief m m 21 e d r e 22 procurement officers may do the following, except that persons c e r c 23 using procurement cards may continue to issue purchase orders e a n b 24 and authorize small purchases:

ue [t 17 (1) make determinations, including .218719.3GLGw -l 20n -d 18 determinations regarding exemptions, pursuant to the = = 19 Procurement Code;

a l i a e r 20 (2) issue purchase orders and authorize small a t m m 21 purchases pursuant to the Procurement Code;

and d r e 22 (3) approve procurement pursuant to the c e s k 23 Procurement Code." e a n b 24 SECTION 11.

Section 13-1-95.3 NMSA 1978 (being Laws 2019, u [ Chapter 153, Section 1) is amended to read:

.219636.2 - 24 - STBTC/SB 53 "13-1-95.3.

STATE AGENCY--REPORTING REQUIRED--IN-STATE AND OUT-OF-STATE CONTRACTS.--All state agencies shall report annually to the purchasing division of the general services department [information onon] ] the total number and corresponding total dollar amount of state agency contracts awarded to in- state contractors and the total number and corresponding total dollar amount of state agency contracts awarded to out-of-state contractors.

As used in this section, "contracts" does not e e 17 include purchase orders." e e n d 18 SECTION 12.

Section 13-1-98 NMSA 1978 (being Laws 1984, = = l ] 19 Chapter 65, Section 71, as amended by Laws 2019, Chapter 48, a l r i 20 Section 13 and by Laws 2019, Chapter 63, Section 1) is amended t e a t to read:

m m 21 e d r e 22 "13-1-98.

EXEMPTIONS FROM THE PROCUREMENT CODE.--The c e r c 23 provisions of the Procurement Code shall not apply to:

e a n b 24 A.

procurement of items of tangible personal ue [t 17 property or services by a state agency or a local public body .218719.3GLGw -l 21n -d 18 from a state agency, a local public body or external = = 19 procurement unit except as otherwise provided in Sections a l i a e r 20 13-1-135 through 13-1-137 NMSA 1978;

a t m m 21 B.

procurement of tangible personal property or d r e 22 services for the governor's mansion and grounds;

c e s k 23 C.

printing and duplicating contracts involving e a n b 24 materials that are required to be filed in connection with u [ proceedings before administrative agencies or state or federal .219636.2 - 25 - STBTC/SB 53 courts;

purchases of books, periodicals and training materials in printed or electronic format from the publishers or copyright holders thereof and purchases of print, digital or electronic format library materials by public, school and state e e 17 libraries for access by the public;

e e n d 18 F.

travel or shipping by common carrier or by = = l ] 19 private conveyance or to meals and lodging;

a l r i 20 G.

purchase of livestock at auction rings or to the t e a t procurement of animals to be used for research and m m 21 e d r e 22 experimentation or exhibit;

c e r c 23 H.

contracts with businesses for public school e a n b 24 transportation services;

ue [t 17 I.

procurement of tangible personal property or .218719.3GLGw -l 22n -d 18 services, as defined by Sections 13-1-87 and 13-1-93 NMSA 1978, = = 19 by the corrections industries division of the corrections a l i a e r 20 department pursuant to rules adopted by the corrections a t m m 21 industries commission, which shall be reviewed by the d r e 22 purchasing division of the general services department prior to c e s k 23 adoption;

e a n b 24 J.

purchases not exceeding ten thousand dollars u [ ($10,000) consisting of magazine subscriptions, web-based or .219636.2 - 26 - STBTC/SB 53 electronic subscriptions, conference registration fees and other similar purchases where prepayments are required;

e e 17 M.

contracts entered into by a local public body e e n d 18 with a private independent contractor for the operation, or = = l ] 19 provision and operation, of a jail pursuant to Sections 33-3-26 a l r i 20 and 33-3-27 NMSA 1978;

t e a t N.

contracts for maintenance of grounds and m m 21 e d r e 22 facilities at highway rest stops and other employment c e r c 23 opportunities, excluding those intended for the direct care and e a n b 24 support of persons with handicaps, entered into by state ue [t 17 agencies with private, nonprofit, independent contractors who .218719.3GLGw -l 23n -d 18 provide services to persons with handicaps;

= = 19 O.

contracts and expenditures for services or items a l i a e r 20 of tangible personal property to be paid or compensated by a t m m 21 money or other property transferred to New Mexico law d r e 22 enforcement agencies by the United States department of justice c e s k 23 drug enforcement administration;

e a n b 24 P.

contracts for retirement and other benefits u [ pursuant to Sections 22-11-47 through 22-11-52 NMSA 1978;

.219636.2 - 27 - STBTC/SB 53 Q.

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

m m 21 e d r e 22 T.

works of art for museums or for display in c e r c 23 public buildings or places;

e a n b 24 U.

contracts entered into by a local public body ue [t 17 with a person, firm, organization, corporation or association .218719.3GLGw -l 24n -d 18 or a state educational institution named in Article 12, Section = = 19 11 of the constitution of New Mexico for the operation and a l i a e r 20 maintenance of a hospital pursuant to Chapter 3, Article 44 a t m m 21 NMSA 1978, lease or operation of a county hospital pursuant to d r e 22 the Hospital Funding Act or operation and maintenance of a c e s k 23 hospital pursuant to the Special Hospital District Act;

e a n b 24 V.

purchases of advertising in all media, including u [ radio, television, print and electronic.

The Procurement Code .219636.2 - 28 - STBTC/SB 53 shall apply to marketing;

procurement by or through the public education department from the federal department of education relating to e e 17 parent training and information centers designed to increase e e n d 18 parent participation, projects and initiatives designed to = = l ] 19 improve outcomes for students with disabilities and other a l r i 20 projects and initiatives relating to the administration of t e a t improvement strategy programs pursuant to the federal m m 21 e d r e 22 Individuals with Disabilities Education Act;

provided that the c e r c 23 exemption applies only to procurement of services not to exceed e a n b 24 two hundred thousand dollars ($200,000);

ue [t 17 Z.

procurement of services from community .218719.3GLGw -l 25n -d 18 rehabilitation programs or qualified individuals pursuant to = = 19 the State Use Act;

a l i a e r 20 AA.

purchases of products or services for eligible a t m m 21 persons with disabilities pursuant to the federal d r e 22 Rehabilitation Act of 1973;

c e s k 23 BB.

procurement, by either the department of health e a n b 24 or Grant county or both, of tangible personal property, u [ services or construction that are exempt from the Procurement .219636.2 - 29 - STBTC/SB 53 Code pursuant to Section 9-7-6.5 NMSA 1978;

the purchase for resale by the state fair commission of feed and other items necessary for the upkeep of e e 17 livestock;

e e n d 18 EE.

contracts entered into by the crime victims = = l ] 19 reparation commission to distribute federal grants to assist a l r i 20 victims of crime, including grants from the federal Victims of t e a t Crime Act of 1984 and the federal Violence Against Women Act of m m 21 e d r e 22 1994;

c e r c 23 FF.

procurement by or through the early childhood e a n b 24 education and care department of early pre-kindergarten and ue [t 17 pre-kindergarten services purchased pursuant to the Pre- .218719.3GLGw -l 26n -d 18 Kindergarten Act;

= = 19 GG.

procurement of services of commissioned a l i a e r 20 advertising sales representatives for New Mexico magazine;

and a t m m 21 HH.

procurements exempt from the Procurement Code d r e 22 as otherwise provided by law." c e s k 23 SECTION 13.

A new Section 13-1-105.1 NMSA 1978 is enacted e a n b 24 to read:

u [ "13-1-105.1.

[NEW MATERIAL] COMPETITIVE SEALED .219636.2 - 30 - STBTC/SB 53 BIDS--DISCLOSURE.--The contents of any bid shall not be disclosed after the submission of the bid and before the bid is opened pursuant to Section 13-1-107 NMSA 1978." SECTION 14.

award pursuant to the multiple source award provisions of Sections [126 and 127 of the Procurement CodeCode] ] 13-1-153 and 13-1-154 NMSA 19781978; ;

award to a resident business if the identical low bids are submitted by a resident business and a nonresident e e 17 business;

e e n d 18 C.

award to a resident manufacturer if the =e =t l17 ] 19 identical low bids are submitted by a resident manufacturer and aw l rn id 2018 a resident business;

t= e= a19 t D.

award by lottery to one of the identical low ma ml 21i a e d r e20 22 bidders;

[or] ca et rm cm 2321 E.

reject the identical low bids if the bids are ed ar ne b22 24 submitted by separately registered bidders that have the same uc [e s k 23 physical address, shared operations or shared ownership;

or .218719.3GLGe -a 27n -b 24 [E.] F.

reject all bids and resolicit bids or u [ proposals for the required services, construction or items of .219636.2 - 31 - STBTC/SB 53 tangible personal property." SECTION 14.15.

Section 13-1-116 NMSA 1978 (being Laws 1984, Chapter 65, Section 89) is amended to read:

"13-1-116.

COMPETITIVE SEALED PROPOSALS--DISCLOSURE [RECORD].--The contents of any proposal shall not be disclosed [so as to be available to competing offerors during the negotiation process] after the submission of the proposal and before the final execution of all awarded contracts." SECTION 16.

e t 17 (1) is needed immediately to:

w l n d 18 (a) control a serious threat to public = = 19 a l health, welfare, safety or property caused by a flood, fire, i a e r 20 epidemic, riot, act of terrorism, equipment failure or similar a t m m 21 event;

or ed r e 1722 (b) plan or prepare for the response to ec e ns dk 1823 a serious threat to public health, welfare, safety or property =e =a ln ]b 1924 caused by a flood, fire, epidemic, riot, act of terrorism, au l[ r i 20 equipment failure or similar event;

and t.219636.2 e- a32 t- STBTC/SB 53 (2) cannot be acquired through normal m m 21 e d r e 22 procurement methods.

c e r c 23 B.

The state purchasing agent or a central e a n b 24 purchasing office:

u [ (1) in making an emergency procurement, shall:

.218719.3GLG - 28 - (a) employ a competitive process to the extent practicable under the circumstances;

e t 17 (1) the [state purchasing agentagent] ] central w l n d 18 purchasing office shall post notice of the procurement, [on its = = 19 website;

or] including the name of the vendor and the contract a l i a e r 20 amount, to the sunshine portal;

and a t m m 21 (2) the central purchasing office shall post ed r e 1722 notice of the procurement on its website, if it maintains one ec e ns dk 1823 [and shall transmit the notice to the state purchasing agent =e =a ln ]b 1924 for posting on the state purchasing agent's website].

au l[ r i 20 D.

The state purchasing agent or a central t.219636.2 e- a33 t- STBTC/SB 53 purchasing office that makes an emergency procurement to plan m m 21 e d r e 22 or prepare for the response to a serious threat to public c e r c 23 health, welfare, safety or property caused by a flood, fire, e a n b 24 epidemic, riot, act of terrorism, equipment failure or similar u [ event shall account for the money spent in making the .218719.3GLG - 29 - procurement and report on that accounting to the legislative finance committee and the department of finance and administration within sixty days after the end of the fiscal year in which the procurement was made." SECTION 15.17.

[Beginning July 1, 1995, eacheach] ] A central purchasing office shall [whenever its price, quality, quantity, availability and delivery requirements are met] purchase e t 17 sustainable and recycled content goods through contracts w l n d 18 established by the purchasing division of the general services = = 19 department or with other central purchasing offices whenever a l i a e r 20 its quality, quantity, availability and delivery requirements a t m m 21 are met and the cost of the sustainable and recycled content ed r e 1722 goods is no more than ten percent higher than the cost of ec e ns dk 1823 comparable conventional goods.

=e =a ln ]b 1924 B.

A central purchasing office may negotiate au l[ r i 20 contracts and design procurements to exclusively purchase t.219636.2 e- a34 t- STBTC/SB 53 sustainable goods and recycled content goods.

m m 21 e d r e 22 [B.] C.

c e r c 23 (1) "recycled content goods" means supplies e a n b 24 and materials composed in whole or in part of recycled u [ materials;

[provided that the recycled materials content meets .218719.3GLG - 30 - or exceeds the minimum content standards required by bid specifications] and (2) "sustainable goods" means supplies and materials that are ecologically friendly or otherwise have a reduced carbon footprint in their use or manufacture, as 6 established by the state purchasing agent." SECTION 16.18.

AUDIT OF COST OR PRICING DATA.--A state agency or a local public body may, at reasonable times and places, audit the books and records of any person who has submitted e t 17 cost or pricing data, to the extent that [such[such] ] the books and w l n d 18 records relate to [such[such] ] the cost or pricing data, and may = = 19 audit the books and records related to sales for which a a l i a e r 20 payment of fees is required under a contract.

Any person who a t m m 21 receives a contract, change order or contract modification for ed r e 1722 which cost or pricing data is required shall maintain books and ec e ns dk 1823 records that relate to [such[such] ] the cost or pricing data for =e =a ln ]b 1924 three years from the date of final payment under the contract au l[ r i 20 unless a shorter period is otherwise authorized in writing." t.219636.2 e- a35 t- STBTC/SB 53 SECTION 17.19.

Section 13-1-174 NMSA 1978 (being Laws 1984, m m 21 e d r e 22 Chapter 65, Section 147, as amended) is amended to read:

c e r c 23 "13-1-174.

AUTHORITY TO RESOLVE PROTESTS.--The state e a n b 24 purchasing agent, a central purchasing office or a designee of u [ either shall have the authority to take any action reasonably .218719.3GLG - 31 - necessary to resolve a protest of an aggrieved bidder or offeror.

This authority shall be exercised in accordance with [regulations] rules promulgated by the secretary, a local public body or a central purchasing office [which[which] ] that has the ]authority to issue [regulations] rules but shall not include authority to issue [regulations the authority to award money damages or [attorneys'[attorneys'] ] attorney fees.

An entity unsuccessful in submitting a bid or offer is deemed not a bidder nor offeror under this section and has no right to protest." SECTION 18.20.

e t 17 "13-1-184.

ASSISTANCE TO SMALL BUSINESS--POLICY-- w l n d 18 EXCLUSIVE PROCUREMENTS AUTHORIZEDAUTHORIZED.-- .--= = 19 a l A.

It shall be the policy of this state to i a e r 20 encourage small businesses to do business with state agencies a t m m 21 and local public bodies.

ed r e 1722 B.

The state purchasing agent or a central ec e ns dk 1823 purchasing office may design procurements to exclusively =e =a ln ]b 1924 receive proposals, bids or responses from small businesses." au l[ r i 20 SECTION 19.21.

Section 13-1-187 NMSA 1978 (being Laws 1984, t.219636.2 e- a36 t- STBTC/SB 53 Chapter 65, Section 160) is amended to read:

m m 21 e d r e 22 "13-1-187.

SMALL BUSINESS--NEW MEXICO BUSINESSBUSINESS--REPORT --REPORT TO c e r c 23 THE LEGISLATURE.--The state purchasing agent shall annually, e a n b 24 before January 1, report in writing to the legislature u [ concerning the awarding of state contracts to small businesses .218719.3GLG - 32 - and New Mexico businesses during the preceding fiscal year." SECTION 20.22.

PUBLIC ACQUISITION OF AMERICAN-MADE MOTOR VEHICLES REQUIRED.--A state agency shall only acquire motor vehicles assembled in North America except for electric vehicles, plug-in hybrid vehicles or gas-electric hybrid vehicles [until these vehicles are assembled in North America];

For the purposes of this section, "motor vehicle" means a light-duty vehicle under eight e t 17 thousand five hundred pounds." w l n d 18 SECTION 21.23.

REPEAL.--LawsSection 2012,13-4-2 ChapterNMSA 56,1978 Section(being 4Laws and1984, Laws= 2015,= 19 Chapter 73,66, Section 252, areas repealed.amended) is amended to read:

SECTIONa 22.l i a e r 20 "13-4-2.

EFFECTIVEAPPLICATION DATE.--TheOF effectivePREFERENCE.-- datea oft them provisionsm of21 thisA. act is July 1, 2021.

eFor ethe 17purposes -of 33this -section: e e n d 18 = = l ] 19 a l r i 20 t e a t m m 21 e d r e 22 c e r c 23 e a n b 24 u [ .218719.3GLG

d r e 22 (1) "formal bid process" means a competitive c e s k 23 sealed bid process;

e a n b 24 (2) "formal request for proposals process" u [ means a competitive sealed proposal process, including a .219636.2 - 37 - STBTC/SB 53 competitive sealed qualifications-based proposal process;

(3) "public body" means a department, commission, council, board, committee, institution, legislative body, agency, government corporation, educational institution or official of the executive, legislative or judicial branch of the government of the state or a political subdivision of the state and the agencies, instrumentalities and institutions thereof, including two-year post-secondary educational institutions, school districts, local school boards and all municipalities, including home-rule municipalities;

(4) "public works contract" means a contract for construction, construction management, architectural, landscape architectural, engineering, surveying or interior design services;

(5) "resident contractor" means a person that has a valid resident contractor certificate issued by the e t 17 taxation and revenue department pursuant to Section 13-1-22 w l n d 18 NMSA 1978 but does not include a resident veteran contractor, = = 19 [and] resident minority contractor or resident tribal a l i a e r 20 contractor;

a t m m 21 (6) "resident minority contractor" means a d r e 22 person that has a valid resident minority contractor c e s k 23 certificate issued by the taxation and revenue department e a n b 24 pursuant to Section 13-1-22 NMSA 1978;

u [ (7) "resident tribal contractor" means a .219636.2 - 38 - STBTC/SB 53 person that has a valid resident tribal contractor certificate issued by the taxation and revenue department pursuant to Section 13-1-22 NMSA 1978;

and [(6)] (8) "resident veteran contractor" means a person that has a valid resident veteran contractor certificate issued by the taxation and revenue department pursuant to Section 13-1-22 NMSA 1978.

B.

For the purpose of awarding a public works contract using a formal bid process, a public body shall deem a bid submitted by a [(1) resident contractor to be five percent lower than the bid actually submitted;

or (2)] resident contractor, resident minority contractor, resident tribal contractor or resident veteran contractor [with annual gross revenues of up to three million dollars ($3,000,000) in the preceding tax year] to be ten e t 17 percent lower than the bid actually submitted.

w l n d 18 C.

When a public body awards a contract using a = = 19 formal request for proposals process, not including contracts a l i a e r 20 awarded on a point-based system, the public body shall award an a t m m 21 additional d r e 22 [(1) five percent of the total weight of all c e s k 23 the factors used in evaluating the proposals to a resident e a n b 24 contractor;

or u [ (2)] ten percent of the total weight of all the .219636.2 - 39 - STBTC/SB 53 factors used in evaluating the proposals to a resident contractor, resident minority contractor, resident tribal contractor or resident veteran contractor [that has annual gross revenues of up to three million dollars ($3,000,000) in the preceding tax year].

D.

When a public body makes a purchase using a formal request for proposals process, and the contract is awarded based on a point-based system, the public body shall award an additional of the equivalent of [(1) five percent of the total possible points to a resident contractor;

or (2)] ten percent of the total possible points to a resident contractor, resident minority contractor, resident tribal contractor or resident veteran contractor [that has annual gross revenues of up to three million dollars ($3,000,000) in the preceding tax year].

e t 17 E.

When a joint bid or joint proposal is submitted w l n d 18 by a combination of resident veteran, resident, resident = = 19 minority, resident tribal or nonresident contractors, the a l i a e r 20 preference provided pursuant to Subsection B, C or D of this a t m m 21 section shall be calculated in proportion to the percentage of d r e 22 the contract, based on the dollar amount of the goods or c e s k 23 services provided under the contract, that will be performed by e a n b 24 each contractor as specified in the joint bid or joint u [ proposal.

.219636.2 - 40 - STBTC/SB 53 [F.

A resident veteran contractor shall not benefit from the preference pursuant to this section for more than ten consecutive years.

A person that is an owner of a business that is a resident veteran contractor shall not benefit from the preference pursuant to this section for more than ten consecutive years.

A person shall not benefit from the provisions of this section based on more than one business concurrently.

G.] F.

A public body shall not award a contractor [both a resident contractor preference and a resident veteran contractor preference] more than one preference.

[H.] G.

The procedures provided in Sections 13-1-172 through 13-1-183 NMSA 1978 or in an applicable purchasing ordinance apply to a protest to a public body concerning the awarding of a contract in violation of this section." e t 17 SECTION 24.

REPEAL.--Laws 2012, Chapter 56, Section 4 and w l n d 18 Laws 2015, Chapter 73, Section 25 are repealed.

= = 19 SECTION 25.

EFFECTIVE DATE.--The effective date of the a l i a e r 20 provisions of this act is July 1, 2021.

a t m m 21 - 41 - d r e 22 c e s k 23 e a n b 24 u [ .219636.2