New Mexico § 13-1-198 Kickbacks; additional civil penalty

New Mexico Statutes

§ 13-1-198 — Kickbacks; additional civil penalty

New Mexico § 13-1-198

Ch. 13Public Purchases and Property

Art. 1Procurement

This text of New Mexico § 13-1-198 (Kickbacks; additional civil penalty) is published on Counsel Stack Legal Research, covering New Mexico primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

N.M. Stat. Ann. § 13-1-198 (2026).

Text

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.

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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.