N.M. Admin. Code § 7.1.6.16

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

Section 7.1.6.16 - RELIEF

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.

N.M. Admin. Code § 7.1.6.16

8/12/85, 7/7/87, 1/1/97; Recompiled 10/31/01