N.M. Admin. Code § 15.1.1.9

Current through Register Vol. 35, No. 21, November 5, 2024

Section 15.1.1.9 - PROCUREMENT BY THE BOARD OF PERSONAL PROPERTY VALUED IN EXCESS OF TWENTY THOUSAND DOLLARS ($20,000)

Pursuant to Section 60-2E-8(C)(17) of the Gaming Control Act, all procurement by the Board of personal property valued in excess of twenty thousand dollars ($20,000) shall be made pursuant to General Services Department Regulations and published guidelines and the Procurement Code. Such procurement is also subject to the following:

A.Board Approval: All procurement approvals, awards and/or final decisions for personal property valued in excess of twenty thousand dollars ($20,000) shall be made at duly-noticed open meetings of the Board unless the Board, at a duly-noticed open meeting, delegates approval authority to the Executive Director.

B.Background Checks Required of Some Contractors: All contractors that have ties to current or likely gaming interests in New Mexico, including but not limited to, significant contractual relationships, ownership, parent-subsidiary relationships, holding company relationships, employment, and/or controlling interests shall be required, upon submission of a proposal, bid, or quote to furnish personal property in excess of twenty thousand dollars ($20,000) in response to a procurement request or invitation by the Board, to submit to a background investigation including the completion of all required information on forms and/or complete responses to written and oral questions provided by the Department of Public Safety and/or the Board. At the Board's discretion, contractors covered by this subsection will not receive an award or final approval from the Board, or may be granted a conditional award or approval, until the background investigation is completed and the Board is satisfied that the contractor has the requisite moral character, financial and technical competency, and lack of criminal record necessary to meet the Board's procurement needs consistent with the Gaming Control Act and the public interest. The Board, in its discretion, may require any other contractors not tied to gaming interests and who propose to furnish personal property in excess of twenty thousand dollars ($20,000) to submit to background investigations.

C.Refusal to Submit to Background Investigation Constitutes Automatic Disqualification: Any contractor that refuses to submit to a background check as provided in Subsection B of 15.1.1.9 NMAC shall be automatically disqualified.

N.M. Admin. Code § 15.1.1.9

N, 9/15/98; 15.1.1.9 NMAC - Rn & A, 15 NMAC 1.1.9, 3/31/00; A, 2/14/02