Peralta Town Council tables construction bids for community center project

PERALTA — Work on the Peralta Community Center will have to wait until the new year, after the town council postponed action on a bid to begin community center construction at its regular meeting on Tuesday, Dec. 9.

The postponement of action was due specifically to a misunderstanding of the contract terminology used when the approval to move forward was given at the council’s November meeting, as well as concerns over the procurement method for construction services.

In November, the council approved to begin a general service agreement procedure to select a contractor for construction at the community center at the corner of Peralta Road and N.M. 47. The motion was approved 3-0 by the council, with Councilor Randy Smith recusing himself from the vote.

At the December meeting, Smith brought up the issue during the council’s governing body reports. Smith said he called the New Mexico procurement specialist manager, Johnny Desha, the day before the meeting to ask about general service agreements.

“It appears we have a problem with action item 11-A on our agenda, where it reads GSA, in parentheses, statewide pricing agreement,” he began. “The GSA and statewide pricing agreement (SPA) are two different purchasing agreements.

“GSA is a national group, not a New Mexico state pricing agreement, or as our meeting minutes show last month, a motion was made to approve using a general service agreement GSA as the construction services agreement for the community center.

“I don’t believe that is our intention,” the councilor said. “I’ll be asking that that item be tabled for correction when we get to that action item.”

In the discussion, Smith pointed out that the council was not prepared to vote, as they had not reviewed the 69-page SPA contract, lacked the specific SPA number, and had not finalized requirements such as bid, performance, and payment bonds.

He also said the contract would still require compliance with local procurement codes, which mandate a minimum of three quotes for projects more than $5,000.

Smith’s lengthy report then centered on his conversations with state officials as well as the exact distinction between GSA contracts and statewide pricing agreements, which are used to streamline projects like the construction and renovation at the community center.

Smith concluded by opining that the council should review and approve the request for quote on the project before it is sent out to ensure compliance with the SPA and local procurement codes. He also noted the council “must understand bond requirements” and should not place those responsibilities on the town clerk.

Paralta Town Clerk Kori Taylor then spoke to clarify, and said, “It’s not a bid; it’s a quote. We don’t ask for a bid; we ask for a quote, and that is a totally different thing.

“It’s a request for a quote, definitely. So I want to make it clear that it’s not a bid. It is a quote,” she concluded.

Smith said he agreed, further explaining the differences in terminology and the council’s intent. He went on to say the motion made in November used incorrect language in advocating to table the issue.

“We just didn’t quite have the right information (last month), and as you guys know, this has been going on, not just this project, this has been going on in other projects,” he said. “I kept asking, ‘How does this GSA contract work? How does this work?’ We were getting the acronym, we’re getting an explanation of what the acronym — ‘It’s just general services agreements.

“Joe, you even said, ‘Well, it’s based on pricing,’” Smith continued, addressing Councilor Joseph Romero directly. “It is, but it’s just not the right format for what we’re trying to do. So … let’s get it corrected.”

After the lengthy discussion on the need for proper process, transparency and starting “fresh,” the council ultimately voted to table the action item by a unanimous 4-0 vote.

The council will likely revisit the issue after the swearing-in of Mayor-elect Joseph P. Chavez and the council, which will give members time to review the documents and draft a correct, specific motion.

The town has scheduled its swearing-in ceremony for 10 a.m., Wednesday, Dec. 31, at the town hall.

The next regular meeting of the Peralta town council is set for 6 p.m., Wednesday, Jan. 7.