Section 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. History: Laws 1984, ch. 65, § 171. ANNOTATIONSCross references. — For soliciting or receiving illegal kickbacks, bribes or rebates, see Chapter 30, Article 41 NMSA 1978.