TITLE 15 GAMBLING
AND LIQUOR CONTROL
CHAPTER 1 GAMES
AND GAMING GENERAL PROVISIONS
PART 1 REQUIREMENTS
AND PROCEDURES GOVERNING PROCUREMENT BY
THEGAMING
CONTROL BOARD
15.1.1.1 ISSUING AGENCY: New Mexico Gaming Control Board.
[N, 9/15/98; 15.1.1.1 NMAC – Rn, 15 NMAC 1.1.1,
3/31/00
15.1.1.2 SCOPE: This rule applies to all parties
seeking to furnish property and/or services to the New Mexico Gaming Control
Board and includes references to regulations and guidelines issued by the
General Services Department and to Sections 13-1-74 and 13-1-93 of the
Procurement Code.
[N,
9/15/98; 15.1.1.2 NMAC – Rn, 15 NMAC 1.1.2, 3/31/00
15.1.1.3 STATUTORY AUTHORITY: Authority for this rule
derives from the Gaming Control Act
[Sections 60-2E-1 to 60-2E-61
NMSA 1978] and the Procurement Code [Sections 13-1-28 to 13-1-117 and 13-118 to
13-1-199].
[N,
9/15/98; 15.1.1.3 NMAC – Rn, 15 NMAC 1.1.3, 3/31/00
15.1.1.4 DURATION: Permanent.
[N, 9/15/98; 15.1.1.4 NMAC –
Rn, 15 NMAC 1.1.4, 3/31/00]
15.1.1.5 EFFECTIVE DATE: September 15, 1998, unless a later date is
cited at the end of a section.
[N,
9/15/98; 15.1.1.5 NMAC – Rn, 15 NMAC 1.1.5, 3/31/00; A, 2/14/02]
15.1.1.6 OBJECTIVE: The objectives of this rule
are to notify potential contractors of the procedures and requirements for
furnishing property and/or services to the Gaming Control Board.
[N,
9/15/98; 15.1.1.6 NMAC – Rn, 15 NMAC 1.1.6, 3/31/00
15.1.1.7 DEFINITIONS: Unless
otherwise defined below, terms in this rule have the same meanings as set forth
in the Gaming Control Act:
A. “board” means the New Mexico Gaming Control Board.
B. “contractor” means any party submitting a bid, proposal, and/or
quote to the board for the furnishing of property and/or services.
C. “controlling
interest” means owning, directly or
indirectly, 5% or more of the voting securities in a gaming interest.
D. “gaming” means those activities defined as “game” and “gaming
activity” in the Gaming Control Act and also includes Class III gaming as that
term is defined in an Indian Gaming Compact executed between the State of New
Mexico and an Indian nation, tribe, or pueblo.
E. “gaming
interest(s)” means, but is not
limited to, person(s), partnership(s), trust(s), corporation(s), limited
liability corporation(s), limited liability partnership(s), joint venture(s),
and other legal entities that do any one or combination of the following: (1) own an establishment where gaming
activities occur; (2) own or lease a premises where gaming activities occur;
(3) operate an establishment where gaming activities occur; (4) manufacture
gaming devices, and/or (5) distribute (including leasing) gaming devices.
F. “personal
property” means that property defined
in Section 13-1-93 NMSA 1978 of the Procurement Code as tangible personal property.
G. “procurement” means those activities defined as “procurement” in
Section 13-1-74 NMSA 1978 of the Procurement Code.
H. “state
purchasing agent” means the Director
of the General Services Department and includes any person(s) receiving a delegation
of authority from the Director of the General Services Department.
[N, 9/15/98; 15.1.1.7 NMAC –
Rn, 15 NMAC 1.1.7, 3/31/00]
15.1.1.8 GENERAL PROCUREMENT BY THE BOARD: The Board shall procure all property and
services in accordance with the regulations and guidelines issued by the
General Services Department unless, pursuant to the Procurement Code, the Board
elects to adopt its own regulations for procurement of items exempted from the
State Purchasing Agent’s sole procurement authority. Procurement of personal property valued in excess of twenty
thousand dollars ($20,000) is subject to the provisions of section 15.1.1.9 of
this rule.
[N, 9/15/98; 15.1.1.8 NMAC –
Rn, 15 NMAC 1.1.8, 3/31/00]
15.1.1.9 PROCUREMENT BY THE BOARD OF PERSONAL PROPERTY
VALUED IN EXCESS OF TWENTY THOUSAND DOLLARS ($20,000): Pursuant to Section 60-2E-8(C)(17) of the
Gaming Control Act, all procurement by the Board of personal property valued in
excess of twenty thousand dollars ($20,000) shall be made pursuant to General
Services Department Regulations and published guidelines and the Procurement
Code. Such procurement is also subject
to the following:
A. Board Approval: All procurement approvals, awards and/or
final decisions for personal property valued in excess of twenty thousand
dollars ($20,000) shall be made at duly-noticed open meetings of the Board
unless the Board, at a duly-noticed open meeting, delegates approval authority
to the Executive Director.
B. Background Checks Required of Some
Contractors: All contractors that
have ties to current or likely gaming
interests in New Mexico, including but not limited to, significant contractual
relationships, ownership, parent-subsidiary relationships, holding company relationships,
employment, and/or controlling interests shall be required, upon submission of
a proposal, bid, or quote to furnish personal property in excess of twenty
thousand dollars ($20,000) in response to a procurement request or invitation
by the Board, to submit to a background investigation including the completion
of all required information on forms and/or complete responses to written and
oral questions provided by the Department of Public Safety and/or the
Board. At the Board’s discretion, contractors
covered by this subsection will not receive an award or final approval from the
Board, or may be granted a conditional award or approval, until the background
investigation is completed and the Board is satisfied that the contractor has
the requisite moral character, financial and technical competency, and lack of
criminal record necessary to meet the Board’s procurement needs consistent with
the Gaming Control Act and the public interest. The Board, in its discretion, may require any other contractors
not tied to gaming interests and who propose to furnish personal property in
excess of twenty thousand dollars ($20,000) to submit to background
investigations.
C. Refusal to Submit to Background
Investigation Constitutes Automatic Disqualification: Any contractor that refuses to submit to a
background check as provided in Subsection B of 15.1.1.9 NMAC shall be
automatically disqualified.
[N, 9/15/98; 15.1.1.9 NMAC –
Rn & A, 15 NMAC 1.1.9, 3/31/00; A,
2/14/02]
HISTORY OF 15.1.1 NMAC: [RESERVED]