13-1-198. Kickbacks; additional civil penalty.
116 words·~1 min read·
/nm/chapter-13-public-purchases-and-property/article-1-procurement/13-1-198·A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
Upon a showing that a subcontractor made a kickback to a prime contractor or a higher-tier subcontractor in connection with the award of a subcontract or order thereunder, it is conclusively presumed that the amount thereof was included in the price of the subcontract or order and ultimately borne by the state agency or a local public body. An amount equal to the kickback is imposed as a civil penalty by the state agency or a local public body upon the recipient and upon the subcontractor making such kickbacks in addition but pursuant to the terms and conditions of Section 169 [13- 1-196 NMSA 1978] of the Procurement Code.
History: Laws 1984, ch. 65, § 171.