Section 13-1-196.1 – State ethics commission jurisdiction.
The state ethics commission may investigate complaints against a contractor who has a contract with a state agency or a person who has submitted a competitive sealed proposal or competitive sealed bid for a contract with a state agency. The state ethics commission may impose the civil penalties authorized in Sections 13-1-196 through 13-1-198 NMSA […]
Section 13-1-197 – Recovery of value transferred or received; additional civil penalty.
An amount equal to the value of anything transferred or received in violation of the provisions of the Procurement Code by a transferor and transferee may be imposed as a civil penalty upon both the transferor and transferee. The civil penalty provided for in this section is imposed in addition but pursuant to the terms […]
Section 13-1-198 – Kickbacks; additional civil penalty.
Upon a showing that a subcontractor made a kickback to a prime contractor or a higher-tier subcontractor in connection with the award of a subcontract or order thereunder, it is conclusively presumed that the amount thereof was included in the price of the subcontract or order and ultimately borne by the state agency or a […]
Section 13-1-199 – Penalties.
Any business or person that willfully violates the Procurement Code is guilty of: A. a misdemeanor if the transaction involves fifty thousand dollars ($50,000) or less; or B. a fourth degree felony if the transaction involves more than fifty thousand dollars ($50,000). History: Laws 1984, ch. 65, § 172; 2013, ch. 40, § 5. ANNOTATIONS […]
Section 13-1-194 – Waivers from contemporaneous employment and unlawful employee participation permitted.
A state agency or a local public body may grant a waiver from unlawful employee participation pursuant to Section 163 [13-1-190 NMSA 1978] of the Procurement Code, or contemporaneous employment pursuant to Section 166 [13-1-193 NMSA 1978] of the Procurement Code, upon making a determination that: A. the contemporaneous employment or financial interest of the […]
Section 13-1-195 – Use of confidential information prohibited.
It is unlawful for any state agency or local public body employee or former employee knowingly to use confidential information for actual or anticipated personal gain or for the actual or anticipated personal gain of any other person. History: Laws 1984, ch. 65, § 168.
Section 13-1-196 – Civil penalty.
Any person, firm or corporation that knowingly violates any provision of the Procurement Code is subject to a civil penalty of not more than one thousand dollars ($1,000) for each procurement in violation of any provision of the Procurement Code. The district attorney in the jurisdiction in which the violation occurs or the state ethics […]
Section 13-1-188 – Public acquisition of American-made motor vehicles required.
A state agency shall only acquire motor vehicles assembled in North America except for gas-electric hybrid vehicles until these vehicles are assembled in North America; provided that this section shall not apply to motor vehicles used for law enforcement purposes. For the purposes of this section, “motor vehicle” means a light-duty vehicle under eight thousand […]
Section 13-1-189 – Procurements pursuant to the Corrections Industries Act.
A. All state agencies shall purchase and all local public bodies may purchase items of tangible personal property and services offered pursuant to the provisions of the Corrections Industries Act [33-8-1 to 33-8-15 NMSA 1978]. B. The corrections industries commission shall prepare a catalogue containing an accurate and complete description of all items of tangible […]
Section 13-1-190 – Unlawful employee participation prohibited.
A. Except as permitted by the University Research Park and Economic Development Act [Chapter 21, Article 28 NMSA 1978] or the New Mexico Research Applications Act [53-7B-1 to 53-7B-10 NMSA 1978], it is unlawful for any state agency or local public body employee, as defined in the Procurement Code, to participate directly or indirectly in […]