Louisiana Administrative Code › Title 34 - GOVERNMENT CONTRACTS, PROCUREMENT AND PROPERTY CONTROL › Part XIII - University Pilot Procurement Code › Chapter 21 - Respondent and Contractor Relations › Section XIII-2107 - Debarment

Current through Register Vol. 50, No. 6, June 20, 2024
A. Authority. After
				reasonable notice to the person involved and reasonable opportunity for that
				person to be heard, the CPO shall have authority to debar a person from
				consideration for the award of contracts. The decision to debar shall be based
				upon substantial evidence that a cause for debarment or suspension under
				subsection B has occurred. In making the decision of whether to debar a person,
				the CPO shall take into consideration the seriousness of any violation and any
				mitigating factors. The CPO may suspend a person from consideration for an
				award of contracts for a period of up to three months if there is probable
				cause for debarment.
B. Causes. A
				person or entity may be debarred from further participation in contracts with
				the university on any of the following grounds:
1. conviction of the person or entity, or any
				of its officers, directors, principals, or key employees, of a criminal offense
				related to obtaining or attempting to obtain a contract with the university or
				the performance of a contract with the university;
2. conviction of the person or entity, or any
				of its officers, directors, principals, or key employees, of a criminal offense
				related to fraud, embezzlement, theft, forgery, bribery, falsification or
				destruction of records, or receiving stolen property, or any other offense
				involving moral turpitude;
3.
				conviction, or a civil finding of liability, of the person or entity or any of
				its officers, directors, principals, or key employees, of an offense under
				antitrust statutes of the United States, Louisiana, or any other state, for
				activities arising out of the submission of bids or proposals;
4. failure to perform in accordance with the
				terms of one or more contracts following notice of such failure, or a repeated
				failure to perform or of unsatisfactory performance of one or more
				contracts;
5. the person or entity
				is currently under debarment by any other government entity based upon a
				settlement, agreement or a final administrative or judicial determination
				issued by a federal, state or local governmental entity;
6. violation of any federal or state law
				regulating campaign contributions;
7. violations of any federal or state
				environmental law;
8. violation of
				any federal or state law regulating hours of labor, minimum wage standards or
				prevailing wage standards; discrimination in wages; or child labor
				violations;
9. violation of the
				Workers' Compensation Act;
10.
				violation of any federal or state law prohibiting discrimination in
				employment;
11. three or more
				occurrences where a person has been declared ineligible for a
				contract;
12. unsatisfactory
				performance, including, but not limited to, any of the following:
a. failure to comply with terms of a state or
				university contract or subcontract, including, but not limited to: willful
				failure to perform in accordance with the terms of one or more contracts, a
				history of failure to perform or unsatisfactory performance of one or more
				contracts;
b. failure to complete
				the work in the time frame specified in the contract;
c. being declared in default on prior work or
				project;
d. failure to submit
				documents, information or forms as required by contract;
e. making false statements or failing to
				provide information or otherwise to cooperate with the university, contracting
				agency, or other state authorities;
f. discrimination in violation of laws or
				regulations in the conduct of business as a contractor;
13. any other act or omission indicating a
				lack of skill, ability, capacity, quality control, business integrity or
				business honesty that seriously and directly affects the present responsibility
				of a person as determined by the purchasing agency.