A. The causes for debarment or suspension occurring within three years of the date final action on a procurement is taken include but are not limited to the following:

(1) criminal conviction of a bidder, offeror or contractor for commission of a criminal offense related to obtaining unlawfully or attempting to obtain a public or private contract or subcontract, or related to the unlawful performance of such contract or subcontract;

(2) civil judgment against a bidder, offeror or contractor for a civil violation related to obtaining unlawfully or attempting to obtain a public or private contract or subcontract, or related to the unlawful performance of such contract or subcontract;

(3) conviction of a bidder, offeror or contractor under state or federal statutes related to embezzlement, theft, forgery, bribery, fraud, falsification or destruction of records, making false statements or receiving stolen property or for violation of federal or state tax laws;

(4) conviction of a bidder, offeror or contractor under state or federal antitrust statutes relating to the submission of offers;

(5) criminal conviction against a bidder, offeror or contractor for any other offense related to honesty, integrity or business ethics;

(6) civil judgment against a bidder, offeror or contractor for a civil violation related to honesty, integrity or business ethics;

(7) civil judgment against a bidder, offeror or contractor pursuant to the Unfair Practices Act [Chapter 57, Article 12 NMSA 1978];

(8) violation by a bidder, offeror or contractor of contract provisions, as set forth in this paragraph, of a character that is reasonably regarded by the state purchasing agent or a central purchasing office to be so serious as to justify suspension or debarment action, including:

(a) willful failure to perform in accordance with one or more contracts; or

(b) a history of failure to perform or of unsatisfactory performance of one or more contracts; provided that this failure or unsatisfactory performance has occurred within a reasonable time preceding the decision to impose debarment; and provided further that failure to perform or unsatisfactory performance caused by acts beyond the control of the contractor shall not be considered to be a basis for debarment;

(9) any other cause that the state purchasing agent or a central purchasing office determines to be so serious and compelling as to affect responsibility as a contractor; or

(10) for a willful violation by a bidder, offeror or contractor of the provisions of the Procurement Code.

B. As used in this section, the terms "bidder", "offeror" and "contractor" include principals, officers, directors, owners, partners and managers of the bidder, offeror or contractor.

History: Laws 1984, ch. 65, § 151; 2013, ch. 41, § 3.

The 2013 amendment, effective June 14, 2013, added additional causes for debarment or suspension; in Subsection A, in the introductory sentence, after "within three years of", added "the date final action on" and after "action on a procurement", added "is taken"; in Paragraph (1) of Subsection A, at the beginning of the sentence, added "criminal", after "related to obtaining", added "unlawfully", after "subcontract, or", deleted "in" and added "related to", and after "related to the", added "unlawful"; added Paragraph (2) of Subsection A; in Paragraph (3) of Subsection A, after "federal statutes", deleted "of" and added "related to", after "bribery", added "fraud", after "destruction of records", deleted "or" and added "making false statements or" and after "receiving stolen property", added "or for violation of federal or state tax laws"; in Paragraph (4) of Subsection A, after "antitrust statutes", deleted "arising out of" and added "related to" and after "submission of", deleted "bids or proposals" and added "offers"; added Paragraphs (5) through (7) of Subsection A; in Subparagraph (a) of Paragraph (8) of Subsection A, after "one or more contracts", deleted "provided that this failure has occurred within a reasonable time preceding the decision to impose debarment"; in Paragraph (9) of Subsection A, after "any other cause", deleted "occurring within three years of a procurement"; and added Subsection B.