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 seven million five hundred thousand dollars ($7,500,000) over four years and that a single contract, including any renewals, does not exceed six hundred fifty thousand dollars ($650,000).
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 twelve million five hundred thousand dollars ($12,500,000) over three years and the contract provides that any one purchase order under the contract may not exceed four million dollars ($4,000,000).
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; and
(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.
D. A contract to be awarded pursuant to this section to a firm that is currently performing under a contract issued pursuant to this section shall not cause the total amount of all contracts issued pursuant to this section to that firm to exceed:
(1) seven million five hundred thousand dollars ($7,500,000) in any four-year period for architectural or engineering services; or
(2) twelve million five hundred thousand dollars ($12,500,000) in any three-year period for construction.
E. Procurement pursuant to this section is subject to the limitations of Sections 13-1-150 through 13-1-154 NMSA 1978.
F. A state agency and a local public body, not including an agency of the legislative or judicial branch of state government, shall report to the legislative finance committee on an annual basis and to the purchasing division of the general services department on, at minimum, a quarterly basis the aggregate amount of contracts for each contractor and the corresponding amounts to be spent under each multiple source contract pursuant to this section. The general services department may promulgate rules regarding reporting to the department pursuant to this subsection.
History: Laws 2007, ch. 312, § 1; 2013, ch. 99, § 1; 2017, ch. 92, § 1; 2020, ch. 66, § 1.
ANNOTATIONSThe 2020 amendment, effective March 6, 2020, increased the total amount limit on multiple source contracts for procurement of architectural and engineering services and construction that state agencies and local public bodies may enter into and for purchase orders under those contracts, and required certain reporting requirements for certain state agencies regarding multiple source contracts; in Subsection A, after the first occurrence of "does not exceed", deleted "six million dollars ($6,000,000)" and added "seven million five hundred thousand dollars ($7,500,000)", and after the second occurrence of "does not exceed", deleted "five hundred thousand dollars ($500,000)" and added "six hundred fifty thousand dollars ($650,000)"; in Subsection B, after "does not exceed", deleted "ten million dollars ($10,000,000)" and added "twelve million five hundred thousand dollars ($12,500,000)", and after "may not exceed", deleted "one million dollars ($1,000,000)" and added "four million dollars ($4,000,000)"; redesignated former Paragraph C(4) and C(5) as new Subsections D and E, respectively, and redesignated former Subparagraphs C(4)(a) and C(4)(b) as Paragraphs D(1) and D(2), respectively; in Subsection D, in the introductory clause, after "issued pursuant to this section", deleted "will" and added "shall", in Paragraph D(1), deleted "six million dollars ($6,000,000)" and added "seven million five hundred thousand dollars ($7,500,000)", and in Paragraph D(2), deleted "ten million dollars ($10,000,000)" and added "twelve million five hundred thousand dollars ($12,500,000)"; in Subsection E, after "Procurement", added "pursuant to this section"; and added Subsection F.
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".