A. The state purchasing agent or a central purchasing office, after consultation with the using agency, may suspend a person from consideration for award of contracts if the state purchasing agent or central purchasing office, after reasonable investigation, finds that a person has engaged in conduct that constitutes cause for debarment pursuant to Section 13-1-178 NMSA 1978.
B. The term of a suspension pursuant to this section shall not exceed three months; however, if a person, including a bidder, offeror or contractor, has been charged with a criminal offense that would be a cause for debarment pursuant to Section 13-1-178 NMSA 1978, the suspension shall remain in effect until the criminal charge is resolved and the person is debarred or the reason for suspension no longer exists.
C. The state purchasing agent or a central purchasing office, after reasonable notice to the person involved, shall have authority to recommend to the governing authority of a state agency or a local public body the debarment of a person for cause from consideration for award of contracts, other than contracts for professional services. The debarment shall not be for a period of more than three years. The authority to debar shall be exercised by the governing authority of a state agency or a local public body in accordance with rules that shall provide for reasonable notice and a fair hearing prior to debarment.
D. As used in this section, the terms "person", "bidder", "offeror" and "contractor" include principals, officers, directors, owners, partners and managers of the person, bidder, offeror or contractor.
History: Laws 1984, ch. 65, § 150; 2013, ch. 41, § 2.
ANNOTATIONSThe 2013 amendment, effective June 14, 2013, authorized suspension based on charges of civil violations and criminal offenses that are causes for debarment; provided the periods of suspension based on charges of civil violations and criminal offenses; added Subsections A and B; in the first sentence of Subsection C, deleted "business" and added "person", in the second sentence, after "three years", deleted "and a suspension shall not exceed three months", and in the third sentence, after "authority to debar", deleted "or suspend", after "in accordance with", deleted "regulations which" and added "rules that", and after "hearing prior to", deleted "suspension or"; and added Subsection D.