A. Except as otherwise provided in this subsection, in order to submit a bid valued at more than sixty thousand dollars ($60,000) in order to respond to a request for proposals or to be considered for award of any portion of a public works project greater than sixty thousand dollars ($60,000) for a public works project that is subject to the Public Works Minimum Wage Act [13-4-10 to 13-4-17 NMSA 1978], the contractor, serving as a prime contractor or not, shall be registered with the division. Bidding documents issued or released by a state agency or political subdivision of the state shall include a clear notification that each contractor, prime contractor or subcontractor is required to be registered pursuant to this subsection. The provisions of this section do not apply to vocational classes in public schools or public post-secondary educational institutions.
B. The state or any political subdivision of the state shall not accept a bid on a public works project subject to the Public Works Minimum Wage Act from a prime contractor that does not provide proof of required registration for itself.
C. Contractors and subcontractors may register with the division on a form provided by the division and in accordance with workforce solutions department rules. The division shall charge a registration fee of four hundred dollars ($400) every two years. The division shall issue to the applicant a certificate of registration within fifteen days after receiving from the applicant the completed registration form and the registration fee.
D. No less than thirty days before the expiration of a registration certificate, the division shall mail or electronically transmit to a registrant's address as reflected in the files of the division a reminder of the approaching expiration date.
E. Registration fees collected by the division shall be deposited in the labor enforcement fund.
History: Laws 2004, ch. 89, § 1; 2005, ch. 98, § 2; 2009, ch. 206, § 5; 2011, ch. 94, § 1.
ANNOTATIONSThe 2011 amendment, effective June 17, 2011, changed the registration fee from an annual registration fee of two hundred dollars to a biennial fee of four hundred dollars and required the division to give contractors and subcontractors notice of the approaching expiration of their registration.
The 2009 amendment, effective July 1, 2009, in Subsection A, in two places, changed "fifty thousand dollars ($50,000)" to "sixty thousand dollars ($60,000)".
The 2005 amendment, effective June 17, 2005, inserted in Subsection A that in order to submit a bid valued at more than $50,000, in order to respond to a request for proposals or to be considered for award of any portion of a public works project greater than $50,000, the contractor serving as the prime contractor or not, shall be registered and that bidding documents issued by political subdivisions shall include a clear notification that each contractor, prime contractor or subcontractor is required to be registered.