Code of Massachusetts Regulations › 810 CMR - DIVISION OF CAPITAL ASSET MANAGEMENT AND MAINTENANCE › Title 810 CMR 5.00 - Contractor Debarment Procedures Under Mgl C. 149, Section 44c › Section 5.04 - Procedure for Debarment

Current through Register 1525, July 5, 2024
(1) Any public
			 agency or interested party may propose to DCPO the debarment of a contractor
			 for causes set forth in
			 810 CMR
			 5.03(1). Information and
			 documentation as required by DPCO general counsel must be submitted by the
			 public agency or party seeking the debarment.
(2) DCPO may undertake to debar a contractor,
			 for cases set forth in
			 810 CMR
			 5.03, based upon its direct experience with
			 that contractor, upon the request of a public agency with such direct
			 experience, or referral from any law enforcement or regulatory agency, or on
			 credible information submitted by any interested party.
(3) The Deputy Commissioner may conduct
			 informal hearings between public agencies, the contractor, and any other
			 parties with information concerning the reasons asserted in support of the
			 debarment, to determine if sufficient facts exist which, if proven, would
			 justify a debarment. All mitigating facts and circumstances will be considered
			 in determining if debarment should be sought, including but not limited to
			 whether the accusation is timely, if there is a pattern of improvement in
			 performance, and whether the contractor has made restitution, if
			 applicable.
(4) The contractor to
			 be debarred may be an individual, a partnership, a corporation, or any other
			 entity. An affiliate may be debarred on the same facts and in the same
			 proceedings only if it is named and given notice and an opportunity for a
			 hearing.
(5) The Deputy
			 Commissioner will send notice by certified mail return receipt requested, to
			 the contractor at his last known address, stating the reasons for and the
			 proposed duration of the debarment, and setting forth the contractor's right to
			 request a hearing. Such a request in writing must be received by the Deputy
			 Commissioner within 14 calendar days of the contractor's receipt of the notice
			 of debarment.
(6) The contractor
			 shall be ineligible to bid on public work or to be awarded a contract from the
			 date that he is given notice of debarment until the proceedings are
			 concluded.
(7) If no hearing is
			 requested within 14 calendar days, as provided above, a notice imposing
			 debarment and stating the specific period thereof will be sent to the
			 contractor by certified mail, return receipt requested.
(8) A hearing, if requested, will be held
			 before the Deputy Commissioner or his designee within 30 days of the
			 contractor's request, unless the Deputy Commissioner grants an extension upon
			 request of the contractor or the DCPO general counsel. The hearing will be
			 conducted in accordance with the Rules and Administrative Procedures issued
			 under M.G.L. c. 30A, §§ 9 through 11.
(9) The Deputy Commissioner or his designee
			 will issue findings, and a written decision imposing debarment for a specific
			 period of time, or a decision that debarment should not be imposed . The
			 decision shall be sent at once to the contractor by certified mail, return
			 receipt requested.
(10) Notice of
			 debarment will be given to the Central Register in the following form:
CENTRAL REGISTER DEBARRED CONTRACTORS LIST
St. 1980, c. 579 gives the Division of Capital Planning and
				Operations the authority to debar certain contractors for a period of up to
				five years "to protect the integrity of the public contracting process." No
				public owner may solicit or accept bids or proposals from a debarred
				contractor, nor may any debarred contractor contract for work in any capacity
				on a public construction project during the period of debarment.
1. Name and Address
2. Statutory Reference
3. Duration and Termination Date