New Mexico Administrative Code
Title 7 - HEALTH
Chapter 1 - HEALTH GENERAL PROVISIONS
Part 6 - PROTEST PROCEDURE UNDER THE PROCUREMENT CODE
Section 7.1.6.16 - RELIEF
Universal Citation: 7 NM Admin Code 7.1.6.16
Current through Register Vol. 35, No. 18, September 24, 2024
A. Prior to award: If, prior to award, the hearing officer makes a recommendation and the department division director or his/her designee makes a determination that a solicitation or proposed award of a contract is in violation of law, then the solicitation or proposed award shall be cancelled.
B. After Award:
(1) No fraud or bad faith. If, after an
award, the hearing officer makes a recommendation and the department division
director or his/her designee makes a determination that solicitation or award
of a contract is in violation of law and that the business awarded the contract
has not acted fraudulently or in bad faith:
(2) the contract may be ratified, affirmed
and revised to comply with law, provided that a determination is made that
doing so is in the best interest of the department; or
(a) the contract may be terminated, and the
business awarded the contract shall be compensated for the actual expenses
reasonably incurred under the contract plus a reasonable profit or equivalent
thereto prior to termination.
(b)
Fraud or bad faith: If, after an award, the hearing officer makes a
recommendation and department division director or his/ her designee whose
organizational unit initiated the procurement makes a determination that a
solicitation or award of a contract is in violation of law and that the
business awarded the contract has acted fraudulently or in bad faith, the
contract shall be cancelled.
C. Relief not allowed: Except as provided in Paragraph 16.2.2.1 [now Subparagraph (a) of Paragraph (2) of Subsection B of 7.1.6.16 NMAC], above, the hearing officer shall not award money damages or attorneys' fees.
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.
This site is protected by reCAPTCHA and the Google
Privacy Policy and
Terms of Service apply.
