N.M. Code R. § 18.28.4.10 – General Requirements

A. This rule applies to all personnel and organizations of the Department, and to those with whom it deals, either directly or indirectly.
B. The Secretary may institute suspension or debarment proceedings in conformance with this rule according to the nature and seriousness of the offense. The Secretary may propose the maximum period of debarment or suspension or any period up to the maximum as he determines by the exercise of his discretion.
C. The Department's determination to impose debarment or suspension does not require a court finding, conclusion or judgment of failure to perform or unsatisfactory performance as a predicate or justification to take debarment or suspension action.
D. Nothing in this rule precludes the Secretary from entering into a written agreement with the affected bidder, offeror or contractor fixing the terms and conditions of a Final Debarment or Suspension.
E. Any action or proposed action taken by the Department with respect to debarment or suspension does not preclude referral to the New Mexico Attorney General, to a New Mexico District Attorney and/or to the United States Department of Justice for further review and appropriate action. Any proceedings instituted by these agencies are independent of those pursued by the Department. A settlement between the Department and an affected bidder, offeror or contractor on the terms of its suspension or debarment shall not affect actions taken by the New Mexico Attorney General, District Attorneys or United States Department of Justice.
F. A Final Determination of Debarment or Suspension may be suspended at any time by the Secretary if in the best interests of the Department and the public.
G. In the event of an investigation being conducted by another agency, the Secretary may, in his sole discretion, delay any further debarment or suspension action pending the outcome of the investigation.
H. The illegal or improper conduct of an individual may be fully imputed to the business firm with which he is or was associated or by whom he is or was employed where that conduct was engaged in within the course of his employment or with the knowledge, approval or subsequent ratification of the business firm.
I. Debarment or suspension of a bidder, offeror or contractor in no way affects its obligations to the state under existing contracts. The Department may, at its option, void any contracts currently in force with any debarred contractor and either require its bonding company to perform or re-advertise and relet the project. This option, however, does not exist in the case of suspension of bidders, offerors, or contractors.
J. Any bidder, offeror or contractor shall have the affirmative duty to report to the Secretary any cause for debarment or suspension under Section 8 of this rule within thirty (30) days of its occurrence. Failure to provide such notice is a serious and compelling offense sufficient in and of itself to result in suspension or debarment.
K. Any state agency personnel determined to be involved in a violation shall be subject to the applicable state personnel disciplinary rules and criminal laws.
L. The names and addresses of any and all bidders, offerors, and contractors suspended or debarred pursuant to these procedures shall be forwarded by the Secretary to the Federal Highway Administration, the Attorney General for the State of New Mexico, and the American Association of State Highway and Transportation Officials.
[Recompiled 11/16/01]
HISTORY OF 18.28.4 NMAC:
Pre-NMAC History: The material in this Part was derived from that previously filed with the State Records Center and Archives under: SHD Rule 82-5, New Mexico State Highway Commission Procedures for Administrative Action to be Taken by the Chief Highway Administrator in the Event of Bidding Irregularities, filed 7/30/82; SHD Rule 83-3, New Mexico State Highway Commission Procedure for Debarment of Contractors, filed 10/28/83; and SHTD Rule 92-2, New Mexico State Highway and Transportation Department Rule on Debarment of Contractors, filed 4/2/93.
History of Repealed Material: [RESERVED]