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§ 5-7-4 CAUSES FOR DEBARMENT OR SUSPENSION; TIME LIMIT.
   (A)   A person shall be debarred or suspended within three years of the date the city knows of the facts that constitute cause for debarment or suspension. Causes for debarment or suspension include, but are not limited to:
      (1)   Criminal conviction of a bidder, offeror, or contractor for commission of a criminal offense related to:
         (a)   Obtaining unlawfully or attempting to obtain unlawfully a public or private contract or subcontract; or
         (b)   Unlawful performance of a public or private contract or subcontract;
      (2)   Civll judgment against a bidder, offeror, or contractor for a civil violation related to:
         (a)   Obtaining unlawfully or attempting to obtain unlawfully a public or private contract or subcontract; or
         (b)   Unlawful performance of a public or private contract or subcontract;
      (3)   Conviction of a bidder, offeror, or contractor under a state or federal statute related to embezzlement, theft, forgery, bribery, fraud, falsification, or destruction of records, making false statements or receiving stolen property or for violation of a state or federal tax law;
      (4)   Conviction of a bidder, offeror, or contractor under a state or federal antitrust statute relating to the submission of offers or bids;
      (5)   Criminal conviction of a bidder, offeror, or contractor for any other offense related to honesty, integrity, or business ethics;
      (6)   Civil judgment against a bidder, offeror, or contractor for a civil violation related to honesty, integrity, or business ethics;
      (7)   Civil judgment against a bidder, offeror, or contractor pursuant to the Unfair Practices Act NMSA 1978, Chapter 57, Article 12;
      (8)   Violation by a bidder, offeror, or contractor, of contract provisions, as set forth in this paragraph, of a character that is reasonably regarded by the state Chief Procurement Officer or Director of the Department of Municipal Development, as applicable, to be so serious as to justify suspension or debarment action, including:
         (a)   Willful failure to perform in accordance with one or more contracts; or
         (b)   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 suspension or debarment; and provided further that failure to perform or unsatisfactory performance caused by acts beyond the control of the bidder, offeror, or contractor shall not be considered to be a basis for suspension or debarment;
      (9)   Any other cause that the Chief Procurement Officer or the Director of the Department of Municipal Development or his or her designee determines to be so serious and compelling as to affect responsibility as a bidder, offeror, or contractor;
      (10)   Willful violation by a bidder, offeror, or contractor of the provisions of the Public Purchases Ordinance, Chapter 5, Article 5, ROA 1994;or
      (11)   Previous suspension or debarment or prior finding by any agency of the federal government, the State of New Mexico, any state of the United States, or any local public body of a state in the United States, that the person is otherwise ineligible to receive funds from the agency or government.