New Mexico Administrative Code › Title 1 - GENERAL GOVERNMENT ADMINISTRATION › Chapter 4 - STATE PROCUREMENT › Part 7 - SUSPENSION OR DEBARMENT OF BIDDERS, OFFERORS OR CONTRACTORS › Section 1.4.7.7 - DEFINITIONS

Current through Register Vol. 35, No. 13, July 16, 2024
A. "Contractor" means
				any bidder, offeror or construction contractor, excluding contractors for
				professional services, who have been awarded or are seeking award of one or
				more contracts through the state purchasing agent under the provisions of the
				Procurement Code. "Contractor" includes individuals, joint ventures,
				corporations and all other business entities.
B. "Debarment" means a final order of the
				secretary that denies a contractor the right to bid or offer to enter into a
				contract, other than a contract for professional services, with the state
				purchasing agent. The period of debarment specified in an order of debarment
				shall be for no less than three months and for no more than three years. A
				debarment period shall begin on the day the contractor receives notice of the
				final order of debarment and shall automatically expire no later than the end
				of the term specified in the order.
C. "Hearing" means an examination
				(proceeding) of the issue before the hearing officer, whether the issues are of
				law or fact. When the hearing officer determines that the contested issues are
				only of law, the examination need not include oral argument of the parties or
				their counsel or an evidentiary proceeding.
D. "Participants to a debarment or suspension
				proceeding" means the state purchasing agent, user agency (if any) and
				contractor.
E. "Party" means the
				contractor who is the subject of a determination under Subsection A of 1.4.7.9
				NMAC.
F. "Person" means an
				individual, corporation, business trust, estate, trust, partnership, limited
				liability company, association, joint venture or other legal or commercial
				entity. As used in this rule, the terms "person", "bidder", "offeror" and
				"contractor" include principals, officers, directors, owners, partners and
				managers of the person, bidder, offeror or contractor.
G. "Procurement Code" means
				13-1-28
				through
				13-1-199
				NMSA 1978.
H. "Professional
				services" means the services of architects, archeologists, engineers, land
				surveyors, landscape architects, medical arts practitioners, scientists,
				management and systems analysts, certified public accountants, registered
				public accountants, lawyers, psychologists, planners, and researchers and
				persons and businesses providing similar services.
I. "Secretary" means the secretary of the
				general services department. The secretary is the governing authority of the
				state purchasing agent.
J. "State
				purchasing agent" means the director of the state purchasing division, general
				services department.
K.
				"Suspension" means a final order of the secretary that denies a contractor the
				right to bid or offer to enter into a contract, other than a contract for
				professional services, with the state purchasing agent. An order of suspension
				shall not exceed three months, provided that the suspension may be longer
				pursuant to Paragraph (3) of Subsection D of 1.4.7.9 NMAC. A period of
				suspension shall begin on the day the contractor receives notice of the final
				order of suspension and shall automatically expire no later than the end of the
				suspension specified in the order.
L. "Unsatisfactory performance" means a
				record of poor performance or default on one or more contracts for
				construction, services (other than professional services) or tangible personal
				property including, but not limited to, overshipments, undershipments,
				providing damaged or defective goods, making unauthorized substitutions,
				billing errors or service deficiencies. The term includes negligent or
				intentional failure, without good cause, to perform in accordance with the
				specifications or time limits provided in a contract, or a history of failure
				to perform or of poor performance in accordance with the terms of one or more
				contracts unless the failure to perform or the poor performance was caused by
				acts beyond the control of the contractor.
M. "User agency" means any state agency or
				agencies, including, but not limited to, departments, divisions, bureaus,
				boards, commissions and any other subdivision of the state of New Mexico that:
(1) received or were designated to receive
				any benefit, including, but not limited to, supplies, services or construction,
				pursuant to a contract which is the basis of any proposed suspension or
				debarment action; and
(2) initiated
				the grievance that led to issuance of a determination of probable cause under
				Subsection A of 1.4.7.9 NMAC or is determined to have had an integral role in
				the events which form the basis for the suspension or debarment action; such
				determination shall be made by the hearing officer or state purchasing agent;
				no agency of state government shall be a participant to a suspension or
				debarment proceeding unless designated as a participant pursuant to this
				section; only a user agency designated as a participant shall be entitled to
				notices required by this regulation.