1. A. Notwithstanding the debarment, suspension or proposed debarment of a person, a state agency or local public body may continue contracts or subcontracts in existence at the time that the person is debarred, suspended or proposed for debarment unless the governing authority of the state agency or local public body directs otherwise.

2. B. Unless the governing authority of a state agency or local public body issues a written determination based on compelling reasons holding otherwise, a person that has been debarred or suspended or whose debarment has been proposed shall not, after the date that the person is debarred, suspended or proposed for debarment:

   (1) incur financial obligations, including those for materials, services and facilities, unless the person is specifically authorized to do so under the terms and conditions of the person’s contract; or

   (2) extend the duration of the person’s contract by adding new work, by exercising options or by taking other action.

3. C. Unless pursuant to a written authorization based on the compelling reasons of the governing authority of a state agency or local public body, the state purchasing agent or a central purchasing office shall not consent to enter into a subcontract subject to the Procurement Code with a person that has been debarred, suspended or proposed for debarment.

4. D. A person that has entered into a contract subject to the Procurement Code shall not subcontract with another person that has been debarred, suspended or proposed for debarment without the written authorization of the state purchasing agent or a central purchasing office. A person that wishes to subcontract with another person that has been debarred, suspended or proposed for debarment shall make a request to the applicable state agency or local public body that includes the following information:

   (1) the name of the proposed subcontractor;

   (2) information about the proposed subcontractor’s debarment, suspension or proposed debarment;

   (3) the requester’s compelling reasons for seeking a subcontract with the proposed subcontractor; and

   (4) a statement of how the person will protect the interests of the state agency or local public body considering the proposed subcontractor’s debarment, suspension or proposed debarment.

   HISTORY OF 1.4.7 NMAC:

   Pre-NMAC History: The material in this part was derived from that previously filed with the Commission of Public Records - State Records Center and Archives:

   GSD 87-602 Suspension or Debarment of Bidders, Offerors or Contractors, 03/13/1987.

   History of Repealed Material:

   GSD 87-602, Suspension or Debarment of Bidders, Offerors or Contractors, filed 03/13/1987 - Repealed effective 08-30-2013.

[1.4.7.10 NMAC - N, 08-30-13]