SENATE BILL 200

56th legislature - STATE OF NEW MEXICO - first session, 2023

INTRODUCED BY

Stuart Ingle and George K. Mu oz

 

 

 

 

 

AN ACT

RELATING TO PROCUREMENT; PROVIDING AN EXCEPTION FROM THE PROCUREMENT CODE FOR MULTI-TERM CONTRACTS FOR PROFESSIONAL SERVICES THAT INVOLVE A REGIONAL WATER PROJECT WITH AN ESTIMATED COST OF MORE THAN FIVE HUNDRED MILLION DOLLARS ($500,000,000).

 

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF NEW MEXICO:

     SECTION 1. Section 13-1-150 NMSA 1978 (being Laws 1984, Chapter 65, Section 123, as amended) is amended to read:

     "13-1-150. MULTI-TERM CONTRACTS--SPECIFIED PERIOD.--

          A. A multi-term contract for items of tangible personal property, construction or services except for 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; provided that the term of the contract and conditions of renewal or extension, if any, are included in the specifications and funds are available for the first fiscal period at the time of contracting. If the amount of the contract is twenty-five thousand dollars ($25,000) or more, the term shall not exceed ten years, including all extensions and renewals, except that for a contract entered into pursuant to the Public Facility Energy Efficiency and Water Conservation Act, the term shall not exceed twenty-five years, including all extensions and renewals. Payment and performance obligations for succeeding fiscal periods shall be subject to the availability and appropriation of funds therefor.

          B. A contract for professional services may not exceed four years, including all extensions and renewals, except for the following:

                (1) services required to support or operate federally certified medicaid, financial assistance and child support enforcement management information or payment systems;

                (2) services to design, develop or implement the taxation and revenue information management systems project authorized by Laws 1997, Chapter 125;

                (3) a multi-term contract for the services of trustees, escrow agents, registrars, paying agents, letter of credit issuers and other forms of credit enhancement and other similar services, excluding bond attorneys, underwriters and financial advisors with regard to the issuance, sale and delivery of public securities, may be for the life of the securities or as long as the securities remain outstanding;

                (4) services relating to the implementation, operation and administration of the Education Trust Act;

                (5) services relating to measurement and verification of conservation-related cost savings and utility cost savings pursuant to the Public Facility Energy Efficiency and Water Conservation Act; and

                (6) services relating to the design and engineering of a state public works project or 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."

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