No More Business for Crooks

Gov. Susana Martinez has signed an executive order that prohibits the state from doing business with "companies that betray the public trust."

She said in a statement that companies that get public money should be on the up and up.

"Companies engaged in corrupt activity should not receive public contracts or continue to be allowed to do business with the state," she said. "This executive order is a key first step in reforming the state’s procurement process to ensure that it is open, fair, and more resistant to favoritism and corruption."

Here's the text of the order.


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, that confidence is undermined when the businesses and people with whom 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 transparency and inspire confidence in the manner in which the people’s business is conducted;

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, do hereby ORDER and DIRECT:

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.
The causes for debarment or suspension of eligibility for a procurement include but are not limited to:
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;
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, occurring within the preceding three (3) years;
Conviction of a bidder, offeror or contractor (including any principal, owner or officer of such business) under state or federal antitrust statutes, occurring within the preceding three (3) years;
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;

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
For a willful violation by a bidder, offeror or contractor of the provisions of the Procurement Code occurring within the preceding three (3) years.
The state purchasing agent and each central purchasing office is obligated and shall recommend to the governing authority of a 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 be suspended or debarred for cause from consideration for award of contracts, under the guidelines contained herein.
When the state purchasing agent or central purchasing office makes a recommendation to the respective governing authority of a 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


DIANNA J. DURAN
SECRETARY OF STATE

SIGNED AT THE EXECUTIVE OFFICE THIS 19th DAY OF MAY 2011.

WITNESS MY HAND AND THE GREAT SEAL OF THE STATE OF NEW MEXICO.


SUSANA MARTINEZ
GOVERNOR