2011 New Mexico Statutes
Chapter 13: Public Purchases and Property
Article 1: Procurement, 13-1-1 through 13-1-199
Section 13-1-198: Kickbacks; additional civil penalty.
13-1-198. Kickbacks; additional civil penalty.
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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