A. A state agency, local public body or central purchasing office with the power to issue regulations may require by regulation that contracts include uniform clauses providing for termination of contracts, adjustments in prices, adjustments in time of performance or other contract provisions as appropriate, including but not limited to the following subjects:

(1) the unilateral right of a state agency or a local public body to order in writing:

(a) changes in the work within the scope of the contract; and

(b) temporary stoppage of the work or the delay of performance;

(2) variations occurring between estimated quantities of work in a contract and actual quantities;

(3) liquidated damages;

(4) permissible excuses for delay or nonperformance;

(5) termination of the contract for default;

(6) termination of the contract in whole or in part for the convenience of the state agency or a local public body;

(7) assignment clauses providing for the assignment by the contractor to the state agency or a local public body of causes of action for violation of state or federal antitrust statutes;

(8) identification of subcontractors by bidders in bids; and

(9) uniform subcontract clauses in contracts.

B. A state agency, local public body or central purchasing office with the power to issue regulations shall require by regulation that contracts include a clause imposing late payment charges against the state agency or local public body in the amount and under the conditions stated in Section 13-1-158 NMSA 1978.

History: Laws 1984, ch. 65, § 143; 1997, ch. 104, § 2; 1997, ch. 222, § 2.

The 1997 amendment, effective June 20, 1997, designated the introductory language as Subsection A, redesignated former Subsections A to I as Paragraphs A(1) to A(9), redesignated former Paragraphs A(1) and A(2) as Subparagraphs A(1)(a) and A(1)(b), and added Subsection B.

Laws 1997, ch. 104, § 2 and Laws 1997, ch. 222, § 2 enacted identical amendments to this section.

Termination for convenience clause. — Where the city of Albuquerque contracted with plaintiff to be the primary supplier of certain fuels to the city's fleet management division, the city did not wrongfully terminate the contract when plaintiff was unable to meet the city's fuel needs, where the evidence established that the city terminated the contract for default and convenience, and where the contract specifically stated that the city may terminate the contract at any time by giving plaintiff at least thirty days notice in writing of such termination; the city was not required to have any good cause or persuasive reason for terminating the contract. MB Oil Ltd., Co. v. City of Albuquerque, 2016-NMCA-090.