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Bill > SB153

NM SB153

NM SB153
Procurement Changes

summary

Introduced
01/26/2026
In Committee
01/27/2026
Crossed Over
Passed
Dead
02/19/2026

Introduced Session

2026 Regular Session

Bill Summary

AN ACT RELATING TO PROCUREMENT; REDUCING THE NUMBER OF TAXPAYING YEARS REQUIRED FOR CERTAIN RESIDENT BUSINESSES AND CONTRACTORS; ADDING THE DEFINITION OF "BEST OBTAINABLE PRICE"; CLARIFYING THE DEFINITION OF "CENTRAL PURCHASING OFFICE"; ADDING THE DEFINITION OF "NOTICE OF INVITATION FOR SOLICITATION"; ADDING THE DEFINITION OF "NOTICE OF REQUEST FOR PROPOSALS"; AMENDING THE DEFINITION OF "SMALL BUSINESS" TO CONFORM TO THE DEFINITION IN FEDERAL LAW; REQUIRING THAT SEALED BIDS BE OPENED IN ACCORDANCE WITH SECTION 13-1-107 NMSA 1978 (BEING LAWS 1984, CHAPTER 65, SECTION 80); REQUIRING STATE AGENCIES AND LOCAL PUBLIC BODIES TO PROVIDE UP TO TWO NAMES FOR CHIEF PROCUREMENT OFFICERS; REQUIRING THAT A CHIEF PROCUREMENT OFFICER CERTIFICATION PROGRAM BE MAINTAINED BY THE STATE PURCHASING AGENT; ALLOWING APPROVED CONTINUING EDUCATION UNITS TO BE USED FOR RECERTIFICATION; DEFINING "CONTINUING EDUCATION UNITS"; .232917.6GLG REQUIRING EXEMPTION DETERMINATIONS TO INCLUDE THE FACTS RELIED UPON IN THE DETERMINATION; INCREASING EXEMPTION MAXIMUM AMOUNTS FOR CERTAIN PURCHASES; INCREASING SMALL PURCHASES AMOUNTS EXCLUDED FROM REQUIRED PROCUREMENT BY THE STATE PURCHASING AGENT; CHANGING INVITATION FOR BIDS POSTING AND PUBLICATION REQUIREMENTS AND EXPENDITURE AMOUNTS; CLARIFYING HOW IDENTICAL COMPETITIVE SEALED BIDS ARE AWARDED; REQUIRING THAT PROFESSIONAL SERVICES CONTRACTS BE REVIEWED BY THE STATE PURCHASING AGENT OR A GENERAL SERVICES DEPARTMENT DESIGNEE; INCREASING THE AMOUNT FOR CERTAIN PURCHASES BY A CENTRAL PURCHASING AGENT; LIMITING SOLE SOURCE CONTRACTS TO A TERM OF FOUR YEARS, INCLUDING ALL EXTENSIONS AND RENEWALS; CHANGING CERTAIN INTENT TO AWARD SOLE SOURCE CONTRACT REQUIREMENTS; REQUIRING COST OR PRICING DATA BY PROSPECTIVE CONTRACTORS; INCREASING MAXIMUM TERMS FOR PROFESSIONAL SERVICES CONTRACTS TO EIGHT YEARS; PROVIDING PROCUREMENT PROCESS EXCEPTIONS FOR CERTAIN DISASTER-RELATED CONTRACTS PROCURED DURING A DECLARED STATE OF EMERGENCY; PROVIDING FOR PREPAYMENT OF CERTAIN CHILD CARE ASSISTANCE SERVICES CONTRACTS.

AI Summary

This bill makes several changes to the state's procurement laws, aiming to streamline processes and offer more flexibility. Key provisions include reducing the number of years a business must have paid taxes in the state to qualify for resident business preferences, defining "best obtainable price" as the most advantageous price for the purchasing entity, and clarifying definitions for "central purchasing office," "notice of invitation for solicitation," and "notice of request for proposals." It also aligns the definition of "small business" with federal law, requires sealed bids to be opened according to a specific section of state law, and allows state agencies and local public bodies to provide up to two names for Chief Procurement Officers, who must be certified through a program maintained by the State Purchasing Agent, with approved continuing education units accepted for recertification. The bill also mandates that exemption determinations include the facts relied upon, increases exemption maximums for certain purchases, raises the threshold for small purchases excluded from central purchasing oversight, and modifies requirements for posting and publishing invitations for bids. It clarifies how identical competitive sealed bids are awarded, requires professional services contracts to be reviewed by the State Purchasing Agent or a designee, and increases the amount for certain purchases by a central purchasing agent. Furthermore, sole source contracts will be limited to a four-year term, including extensions, and the notice period for intent to award sole source contracts is reduced. Prospective contractors will be required to provide cost or pricing data, and maximum terms for professional services contracts are increased to eight years. The bill also introduces exceptions for disaster-related contracts during declared states of emergency and allows for prepayment of certain child care assistance services contracts.

Sponsors (1)

Last Action

Senate Judiciary Committee (00:00:00 2/11/2026 Room 321) (on 02/11/2026)

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