2019 New Mexico Statutes
Chapter 13 - Public Purchases and Property
Article 1 - Procurement
Section 13-1-154.1 - Multiple source contracts; architectural and engineering services contracts; indefinite quantity construction contracts.

A. A state agency or local public body may procure multiple architectural or engineering services contracts for multiple projects under a single qualifications-based request for proposals; provided that the total amount of multiple contracts and all renewals for a single contractor does not exceed six million dollars ($6,000,000) over four years and that a single contract, including any renewals, does not exceed five hundred thousand dollars ($500,000).

B. A state agency or local public body may procure multiple indefinite quantity construction contracts pursuant to a price agreement for multiple projects under a single request for proposals; provided that the total amount of a contract and all renewals does not exceed ten million dollars ($10,000,000) over three years and the contract provides that any one purchase order under the contract may not exceed one million dollars ($1,000,000).

C. A state agency or local public body may make procurements in accordance with the provisions of Subsection A or B of this section if:

(1) the advertisement and request for proposals states that multiple contracts may or will be awarded, states the number of contracts that may or will be awarded and describes the services or construction to be performed under each contract;

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

(3) each of the multiple contracts for architectural or engineering services has a term not exceeding four years, or for construction, has a term not exceeding three years, each including all extensions and renewals;

(4) a contract to be awarded pursuant to this section to a firm that is currently performing under a contract issued pursuant to this section will not cause the total amount of all contracts issued pursuant to this section to that firm to exceed:

(a) six million dollars ($6,000,000) in any four-year period for architectural or engineering services; or

(b) ten million dollars ($10,000,000) in any three-year period for construction; and

(5) the procurement is subject to the limitations of Sections 13-1-150 through 13-1-154 NMSA 1978.

History: Laws 2007, ch. 312, § 1; 2013, ch. 99, § 1; 2017, ch. 92, § 1.

The 2017 amendment, effective July 1, 2017, increased the dollar amount limits for multiple source contracts for procurement of architectural and engineering services and construction and for purchase orders under those contracts by state agencies or local public bodies; after "state agency", added "or local public body" throughout the section; in Subsection A, after "does not exceed", deleted "two million dollars ($2,000,000)" and added "six million dollars ($6,000,000); in Subsection B, deleted "two million dollars ($2,000,000)" and added "ten million dollars ($10,000,000)", after "over", deleted "four" and added "three", and after "may not exceed", deleted "five hundred thousand dollars ($500,000)" and added "one million dollars ($1,000,000)"; and in Subsection C, Paragraph C(3), after "engineering services", added "has a term not exceeding four years", after "or", added "for", after "construction", deleted "shall have" and added "has", after the second occurrence of "not exceeding", deleted "four" and added "three", and after the second occurrence of "years", added "each", in Paragraph C(4), in the introductory clause, after "to exceed", deleted "two million dollars ($2,000,000)", added new subparagraph designation "(a)", and in Subparagraph C(4)(a), added "six million dollars ($6,000,000)", after "architectural", added "or", after "engineering", deleted "or construction", at the end of the subparagraph, deleted "and" and added "or", and added Subparagraph C(4)(b).

The 2013 amendment, effective July 1, 2013, increased the dollar amount limit of multiple source contracts for procurement of architectural and engineering services; in the title, after "architectural and", deleted "design services", and added "engineering services"; in Subsection A, after "engineering", deleted "design service" and added "services", after "total amount of", deleted "a contract" and added "multiple contracts", after "all renewals", added "for a single contractor", after "does not exceed", deleted "two hundred thousand dollars ($200,000)" and added "two million dollars ($2,000,000)", and after "over four years", added "and that a single contract, including any renewals, does not exceed five hundred thousand dollars ($500,000)"; in Paragraph (3) of Subsection C, after "multiple contracts for", deleted "professional design" and added "architectural or engineering"; and in Paragraph (4) of Subsection C, in the introductory sentence, after "a contract", deleted "shall not" and added "to" and after "pursuant to this section", deleted "if", and added "will not cause", deleted Subparagraph (a) which provided for a limit of two hundred thousand dollars, and in Subparagraph (b), after "four-year period for", added "architectural, engineering or".