{"data":{"id":"us-nm/13-1-198","jurisdiction":"us-nm","citation":"13-1-198","heading":"Kickbacks; additional civil penalty.","body":"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.","path":["Chapter 13 - Public Purchases and Property","ARTICLE 1 Procurement"],"source_url":"https://nmonesource.com/nmos/nmsa-unanno/en/item/18513/index.do","current_through":"2026-07-01","vintage":"","retrieved_at":"2026-09-03T15:02:19Z","sha256":"1a817773a1378bf7d829d93515d4643cbfb802f44b14cb473e0baa8fae1d0c0c","source_id":"us-nm","stale":false,"prev":"us-nm/13-1-197","next":"us-nm/13-1-199"},"notice":"GroundRules: Original legal text. Not legal advice."}