New Mexico Administrative Code
Title 18 - TRANSPORTATION AND HIGHWAYS
Chapter 28 - HIGHWAY CONTRACTING AND BIDDING
Part 4 - DEBARMENT AND SUSPENSION OF CONTRACTORS
Section 18.28.4.9 - PROCEDURE
Universal Citation: 18 NM Admin Code 18.28.4.9
Current through Register Vol. 35, No. 6, March 26, 2024
A. Notice of Proposed Suspension or Debarment:
(1) The
Secretary may issue a Notice of Proposed Suspension or Notice of Proposed
Debarment to any bidder, offeror, or contractor.
(2) Such notice shall be in writing and sent
to the bidder, offeror, or contractor at its last known address by certified
mail and shall contain at a minimum the following information:
(a) That the Department is contemplating
debarment or suspension of the named bidder, offeror or contractor;
(b) The reasons such action is being
contemplated by the Department;
(c)
The proposed duration for the suspension or debarment of the named bidder,
offeror or contractor;
(d) That the
bidder, offeror or contractor may request a hearing before the Secretary prior
to a final determination by the Department on the proposed suspension or
debarment;
(e) That such a request
for hearing must be directed to the Secretary in writing within ten (10) days
of receipt of the Notice of Proposed Suspension or Notice of Proposed
Debarment;
(f) That if a request
for hearing is not received by the Secretary within ten (10) days of receipt of
the Notice by the bidder, offeror, or contractor, a period of suspension or
debarment up to and including the period proposed in the Notice shall be made
final and shall be imposed; and
(g)
The specific effect such final determination will have on pending and future
contracts and relations between the Department and the affected bidder, offeror
or contractor.
B. Hearing:
(1) Any affected bidder, offeror, or
contractor receiving a Notice of Proposed Suspension or Notice of Proposed
Debarment may, within ten (10) days of receipt of the Notice, request in
writing a hearing before the Secretary on the proposed suspension or debarment.
Such written request must be directed to the Secretary.
(2) The Secretary shall schedule the date,
time and place of a hearing and furnish this information to the affected
bidder, offeror or contractor in a written Notice of Hearing.
(3) The Secretary shall arrange for a court
reporter to transcribe the proceedings at the hearing. The Department shall
bear the cost of the appearance of such court reporter; however, any party
requesting a transcript of the proceedings from the court reporter shall bear
the cost thereof.
(4) At the
hearing, the affected bidder, offeror or contractor may be represented by
counsel, may speak on its own behalf and may present witnesses and offer
evidence. Neither the technical rules of evidence, nor the requirements of the
Administrative Procedures Act, NMSA 1978, Section
12-8-1 et
seq., shall apply. The affected bidder, offeror, or contractor at the hearing
shall have the opportunity to confront witnesses and rebut documentation relied
upon by the Department as supporting the proposed suspension or debarment.
Counsel for the Department may likewise present witnesses, offer evidence,
confront witnesses, and rebut documentation offered by the affected bidder,
offeror or contractor.
(5) If the
affected bidder, offeror or contractor does not request a hearing within the
time limits set forth herein, it shall be deemed to have waived the opportunity
for a hearing, and a Final Determination of Debarment or Suspension shall be
issued in conformance with the requirements of this rule.
C. Final Determination on Suspension or Debarment:
(1) No bidder, offeror or
contractor shall be debarred except by means of a written Final Determination
of Suspension or Final Determination of Debarment issued by the
Secretary.
(2) The Final
Determination shall:
(a) State the reasons
for the action taken;
(b) If
adverse to the bidder, offeror or contractor, inform the debarred or suspended
bidder, offeror or contractor of its rights to judicial review pursuant to NMSA
1978, Sections
13-1-179
and
13-1-183, of the
Procurement Code; and
(c) State,
with specificity, how pending or future contracts with the bidder, offeror or
contractor shall be treated.
(3) Upon rendering the Final Determination
the Secretary shall mail a copy of the Final Determination to the affected
bidder, offeror or contractor.
(4)
The Final Determination issued by the Secretary constitutes final agency
action, and there shall be no right to further appeal to the State Highway
Commission or to any other extra-judicial administrative authority by a
debarred or suspended bidder, offeror or contractor.
Disclaimer: These regulations may not be the most recent version. New Mexico may have more current or accurate information. We make no warranties or guarantees about the accuracy, completeness, or adequacy of the information contained on this site or the information linked to on the state site. Please check official sources.
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