A. Any using agency taking bids for any public works construction project shall provide in the bidding documents prepared for that project a listing threshold which shall be five thousand dollars ($5,000) or one-half of one percent of the architect's or engineer's estimate of the total project cost, not including alternates, whichever is greater. If the bidding documents do not include a listing threshold, then the using agency shall supply the listing threshold. If the listing threshold has not been included, the bid opening shall be postponed until the using agency has complied with this section. Any contractor or subcontractor interested in bidding may apply to the district court in the county in which the project will be located for an injunction preventing the bid opening until the using agency has complied with this section. Any person submitting a bid shall in his bid set forth:

(1) the name and the city or county of the place of business of each subcontractor under subcontract to the contractor who will perform work or labor or render service to the contractor in or about the construction of the public works construction project in an amount in excess of the listing threshold; and

(2) the category of the work that will be done by each subcontractor. The contractor shall list only one subcontractor for each category as defined by the contractor in his bid.

B. A bid submitted by a contractor who fails to comply with the provisions of Subsection A of this section is a nonresponsive bid which shall not be accepted by a using agency.

History: Laws 1988, ch. 18, § 4; 1989, ch. 296, § 1; 1995, ch. 82, § 3.

The 1995 amendment, effective June 16, 1995, in Subsection A, inserted "not including alternates", added the second through fourth sentences, substituted in Paragraph A(1) "the city or county" for "location", and in Paragraph A(2) substituted "category" for "nature" and "that" for "which"; and in Subsection B, substituted "a contractor who" for "any person which".

Separate categories of work in one bid request. — Although there was only one invitation for bids, since it requested two distinct bids covering a single bid lot and a combination of that bid lot with another, the contractor should have listed the subcontractor who would perform each category of work. Dynacon, Inc. v. D & S Contracting, 1995-NMCA-071, 120 N.M. 170, 899 P.2d 613.

Written contract not required for listing as subcontractor. — The absence of a written contract between a general contractor and subcontractor at the time the general contractor submitted its bid did not mean that the general contractor was not obligated to list the subcontractor in the bid. Romero Excavation & Trucking, Inc. v. Bradley Constr., Inc., 1996-NMSC-010, 121 N.M. 471, 913 P.2d 659.