A. Notwithstanding any other provision of state law or rule, the secretary may do one or more of the following:

(1) enter into an agreement, including an agreement with an independent contractor, to operate Fort Bayard medical center or a replacement for Fort Bayard medical center in Grant county;

(2) acquire by purchase, lease, construction, lease purchase or other financing arrangement a facility to be located in Grant county to replace Fort Bayard medical center, provided that, if the acquisition results in the transfer of the title to the facility, the title to the facility shall be in the name of the facilities management division of the general services department; or

(3) enter into an agreement with Grant county under which the department may construct or cause to be constructed the facility that will replace the Fort Bayard medical center.

B. The provisions of the Procurement Code [13-1-28 to 13-1-199 NMSA 1978] shall not apply to the procurement, by either the department or Grant county or both, of tangible personal property, services or construction deemed necessary by the department to effectuate the provisions of this section. However, agreements related to the acquisition of the facility to replace Fort Bayard medical center shall be subject to the provisions of state law regulating the acquisition and disposal of real property by governmental entities.

C. An operating agreement entered into pursuant to this section shall include provisions for the continued employment of all current and future Fort Bayard medical center employees, excluding management employees of the contractor, as state employees, entitled and subject to all the rights and responsibilities of state employees. Under the terms of the agreement and the overall direction of the department, the independent contractor shall provide management and supervision to state employees at Fort Bayard medical center, including the provision of work assignments, evaluations and promotional and disciplinary actions.

D. Pursuant to Section 15-3-35 NMSA 1978, the legislature ratifies and approves a lease-purchase agreement, in a form approved by the state board of finance, between the department, as lessee-purchaser and Grant county, as lessor-seller, for the facility that will replace the Fort Bayard medical center, provided that, upon transfer of title, title to the facility shall be in the name of the facilities management division of the general services department.

History: Laws 2005, ch. 317, § 1; 2008, ch. 4, § 1; 2008, ch. 70, § 1; 2013, ch. 115, § 6.

Cross references. — For Fort Bayard jurisdiction, see 19-2-6 NMSA 1978.

The 2013 amendment, effective June 14, 2013, changed the name of the property control division of the general services department to the facilities management division; and in Paragraph (2) of Subsection A and in Subsection D, deleted "property control" and added "facilities management" before the word "division".

The 2008 amendment, effective February 29, 2008, authorized the state to replace the Fort Bayard medical center facility; exempted the procurement of tangible personal property, services or construction to replace the facility from the application of the Procurement Code; provided that the replacement of the facility shall be subject to state law regulating the acquisition and disposal of real property by governmental agencies; and added Subsection D.