SUMMARY OF P3 LEGISLATIVE STATUS:
Not currently enabled for P3 procurements.
Does this state have broadly enabling P3 legislation?
P3 statutory authority is not currently enabled for transportation infrastructure, municipal facilities or environmental projects in New Mexico.
Does the state allow for unsolicited proposals?
New Mexico's current statutory authority does not address any allowance for submission and consideration of unsolicited proposals for P3s.
What is the P3 contract approval authority?
Agency of juridiction.
What is the state's P3 procurement process?
Fair and open competitive bidding is the standard for procurement of goods and services in support of the needs of the citizens of the state of New Mexico.
Does the state have resources dedicated to P3s?
There is not a currently identified a central agency or authority involved in procurement and management of P3 projects.
Is this a Home Rule state, with limitations or opportunities for P3?
New Mexico allows for municipalities to exercise broad governmental authority, as a Home Rule state.
Does this state have programmatic requirements for MWDBE participation?
While not related to P3 procurements, any funding covenants will stipulate compliance with MWDBE (i.e., DBEs for Federally funded projects) participation.
Does this state have programmatic requirements for labor participation?
Davis-Bacon governs prevailing wage for applicable labor categories.
Does this state have programmatic requirements for performance security?
Compliance with Federal mandates related to payment and performance guarantees is required for projects involving Federal funding (i.e., Miller Act).
For what types of financing programs are P3 projects eligible?
State transportation projects may be eligible for TIFIA financing support, but there is no provision for private sector investment in public infrastructure. Water projects may be eligible for WIFIA financing support; but there are no comparable private investment provisions for water-related projects.
What project types or asset classes are eligible for P3s in this state?
There are no provisions to enable procurements using alternative project delivery, beyond Design + Build, and so there are no P3 eligible asset classes in NM.
Are there projects where the P3 procurement method has been applied?
There have not been any P3 procurements for public works infrastructure in New Mexico.