New Mexico Administrative Code › Title 18 - TRANSPORTATION AND HIGHWAYS › Chapter 28 - HIGHWAY CONTRACTING AND BIDDING › Part 4 - DEBARMENT AND SUSPENSION OF CONTRACTORS › Section 18.28.4.10 - GENERAL REQUIREMENTS

Current through Register Vol. 35, No. 13, July 16, 2024
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.