Administrative Rules of Montana › Department 18 - TRANSPORTATION › Chapter 18.3 - CONTRACTOR DEBARMENT › Subchapter 18.3.1 - Contractor Debarment Procedures › Rule 18.3.103 - SCOPE

Current through Register Vol. 13, July 5, 2024
(1) During a period of debarment by the
				department, another Montana state government agency, any other state, or the
				federal government, a debarred person may not participate in work, contracts or
				projects with the department, whether or not the department knew of the
				debarment or debarment action, aside from projects or contracts already awarded
				to a person at the time it is debarred.
(2) A person submitting a bid on a
				federal-aid project must certify compliance with Part XI of the Federal Highway
				Administration Form FHWA 1273 (Required Contract Provisions, Federal-Aid
				Construction Contracts) and provide certification to the department that all
				subcontractors, material suppliers, vendors and other lower tier participants
				used are in full compliance with Part XI of the Form FHWA 1273. A person
				submitting a bid to the department on a federal-aid contract must make its
				certification part of every subcontract, material supply agreement, purchase
				order or other covered lower tier transaction. "Covered lower tier
				transactions" include primary purchase of materials for contract items
				incorporated into the work. A copy of the Form FHWA 1273 may be obtained from
				department offices at 2701 Prospect Avenue, Helena, MT 59620-1001.
(3) Debarment is distinct from a commission
				finding of nonresponsibility. The commission has the authority and ability in
				its discretion to find a person nonresponsible for purposes of disallowing a
				bid on a project or contract, or prohibiting a person from otherwise
				participating in a project or contract (e.g., as a subcontractor, supplier,
				etc.) without conducting debarment proceedings.
(4) Debarment applies both to a firm and
				individuals. In the case of the former, it may be applied against any or all
				businesses in which a firm has involvement (i.e., joint ventures), or over
				which it has ownership or control (i.e., subsidiaries). In the case of the
				latter, debarment may be applied to and enforced against any and all businesses
				in which the individual has any level of interest, ownership, or
				control.
(5) If debarred by the
				federal government or any Montana government agency, a person may not bid on or
				otherwise participate in any department project or contract in any capacity
				(prime contractor, subcontractor, supplier, etc.), including as a separate
				contractor for a utility to relocate utilities required by a department
				project, until after the completion of the entire debarment period, whether or
				not the department debars the person. Debarment proceedings may proceed even if
				the person ceases doing business during the proceedings.
(6) If a person is debarred by any agency of
				the federal government for any period, the department may debar it for a period
				up to that set by the federal government without need for further debarment
				proceedings. The only evidence required in a debarment hearing in a case based
				on an existing debarment will be a certified copy of an order, agency letter or
				other final action declaring the debarment in the other jurisdiction. That will
				not prevent the person from presenting evidence to dispute the proposed
				debarment or its length. If the person is debarred by a branch or agency other
				than of the Montana or federal government (i.e., another state, a county,
				etc.), or if the department may wish a debarment period exceeding that set by
				the other Montana agency or the federal government, the department must hold
				debarment proceedings before increasing the debarment period.
(7) A person planning to bid on or
				participate in a department contract or work, or who has already bid on or is
				participating in a department contract or work, must immediately notify the
				director in writing of any debarment or suspension against it, or of any
				debarment or suspension proceedings pending against it in any
				jurisdiction.
60-2-201 and
					 60-3-301, MCA; IMP,
					 60-2-111 and
					 60-2-112,
					 MCA;