State of New Mexico
Susana Martinez
Governor
EXECUTIVE ORDER 2011-030
DIRECTING THE STATE PURCHASING AGENT TO SUSPEND OR DISALLOW
PUBLIC CONTRACTING WITH COMPANIES THAT BETRAY THE PUBLIC TRUST
WHEREAS, the people of New Mexico have a right to have good reason for confidence
in the manner in which their state government conducts the State’s business; and
‘WHEREAS, thar confidence is undermined-wirerr tie businesses-and people withr whonr——
the State does business, and to whom the State pays money from the people of New Mexico are
either under suspicion of or have in fact actual convictions of corrupt practices; and
WHEREAS, as a matter of public policy, public monies should not be expended by state
agencies, departments, or boards to form contracts with known corrupt businesses and
individuals; and
WHEREAS, the government of the State of New Mexico has the vested authority to be
the good steward of state funds; and
WHEREAS, the Office of the Governor has made a commitment to fiscal responsibility
and sound stewardship of public monies and to maximize transpareney and inspire confidence in
the manner in which the people’s business is conducted;
i NOW, THEREFORE, I, Susana Martinez, Governor of the State of New Mexico, by
virtue of the authority vested in me by the Constitution and the laws of the State of New Mexico,
i do hereby ORDER and DIRECT:
i 1, The state purchasing agent or any central purchasing office, after reasonable notice to the
| business involved, is hereby directed to recommend to the respective governing authority
of a state agency, department or board, over which the Governor retains authority, the
suspension or debarment of a business for cause from consideration for award of
contracts under the circumstances defined herein.
2. The causes for debarment or suspension of eligibility for a procurement include but are
| not limited to:
State Capitol + Room 4oo +
jew Mexico 87501 * 505-476-2200 + fax: 505-476-2226a. Conviction of a bidder, offeror or contractor (including any principal, owner or
officer of such business) for commission of a criminal offense related to obtaining
or attempting to obtain a public or private contract or subcontract, or in the
performance of such contract or subcontract, occurring within the preceding three
3) years;
b. Conviction of a bidder, offeror or contractor (including any principal, owner or
officer of such business) under state or federal statutes of fraud, embezzlement,
theft, forgery, bribery, falsification or destruction of records or receiving stolen
property, ocourring within the preceding three (3) years;
c. Conviction of a bidder, offeror or contractor (including any principal, owner ot
officer of such business) under state or federal antitrust statutes, ocourring within
the preceding three (3) years;
4. Violation by a bidder, offeror or contractor (including any principal, owner or
officer of such business) of contract provisions, as set forth in this subsection, of
a character which is reasonably regarded by the state purchasing agent or a central
purchasing office to be so serious as to justify suspension or debarment action;
such as:
i, Willful failure to perform in accordance with one or more contracts,
provided that this failure has occurred within a reasonable time preceding
the decision to impose debarment; or
ii, A history of failure to perform, or of unsatisfactory performance of, one or
‘more contracts, provided that this failure or unsatisfactory performance
has occurred within a reasonable time preceding the decision to impose
debarment and provided further that failure to perform or unsatisfactory
performance caused by acts beyond the control of the contractor shall not
be considered to be a basis for debarment;
e. Any other cause occurring within the preceding three (3) years of a procurement
which the state purchasing agent or a central purchasing office determines to be
so serious and compelling as to affect responsibility as a contractor; or
£ Fora willful violation by a bidder, offeror or contractor of the provisions of the
Procurement Code occurring within the preceding three (3) years.
3. The state purchasing agent and each central purchasing office is obligated and shall
recommend to the governing authority of @ state agency, department or board, over which
the Governor retains authority, no new contracts to be formed with a business that the
state purchasing agent or central purchasing office has reasonable cause to believe would
bbe suspended or debarred for cause from consideration for award of contracts, under the
guidelines contained herein.4, When the state purchasing agent or central purchasing office makes a recommendation to
the respective governing authority of @ state agency, department or board, over which the
Governor retains authority, for the suspension or debarment of a business for cause from
} consideration for award of contracts, the recommendation so made shall include a
duration of time for such suspension or debarment that conforms with existing law. Such
recommended suspension or debarment time duration shall be adopted by the state
agency, department or board unless that state agency, department or board makes a
separate finding to support such different time duration for the suspension or debarment,
ATTEST SIGNED AT THE EXECUTIVE OFFICE
> ee THIS 19" DAY OF MAY 2011.
Dae Zh WITNESS MY HAND AND THE GREAT
DIANNA J, DURAN SEAL OF THE STATE OF NEW
SECRETARY OF STATE MEXICO.
| Wh
SN eT,
SUSANA MARTINEZ
GOVERNOR