N.M. Admin. Code § 1.4.7.7 - DEFINITIONS
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.
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