New Jersey Administrative Code › Title 17 - TREASURY - GENERAL › Chapter 12 - DIVISION OF PURCHASE AND PROPERTY: PROCUREMENT BUREAU; CONTRACT COMPLIANCE AND AUDIT UNIT; AND DISTRIBUTION SUPPORT SERVICES UNIT › Subchapter 6 - DEBARMENT, SUSPENSION AND DISQUALIFICATION OF A PERSON(S) › Section 17:12-6.3 - Causes for debarment of a person(s)

Current through Register Vol. 56, No. 14, July 15, 2024
(a) In the public
				interest, the Director shall debar a person for any of the following causes:
1. Commission of a criminal offense as an
				incident to obtaining or attempting to obtain a public or private contract, or
				subcontract thereunder, or in the performance of such contract or
				subcontract;
2. Violation of the
				Federal Organized Crime Control Act of 1970, or commission of embezzlement,
				theft, forgery, bribery, falsification or destruction of records, perjury,
				false swearing, receiving stolen property, obstruction of justice, or any other
				offense indicating a lack of business integrity or honesty;
3. Violation of the Federal or State
				antitrust statutes, or of the Federal Anti-Kickback Act (
				18 U.S.C.
				874, 40 U.S.C. 276 b, c);
4. Violation of any laws governing the
				conduct of elections of the Federal Government, State of New Jersey or of its
				political subdivision;
5. Violation
				of the "Law Against Discrimination" ( P.L. 1945, c.169,
				10:5-1 et seq., as supplemented by
				P.L. 1975, c.127), or of the act banning discrimination in public works
				employment (10:2-1 et seq.) or of the act
				prohibiting discrimination by industries engaged in defense work in the
				employment of persons therein (c.114, L. 1942,
				10:1-10 et seq.);
6. Violation of any laws governing hours of
				labor, minimum wage standards, prevailing wage standards, discrimination in
				wages, or child labor;
7. Violation
				of any laws governing the conduct of occupations or professions or regulated
				industries;
8. Violation of any
				laws which may bear upon a lack of responsibility or moral integrity;
9. Willful failure to perform in accordance
				with contract specifications or within contractual time limits, including, but
				not limited to, failure to accept purchase orders and maintain prices or any
				terms and conditions as bid;
10. A
				record of failure to perform or of unsatisfactory performance in accordance
				with the terms of one or more contracts, provided that such failure or
				unsatisfactory performance has occurred within a reasonable time preceding the
				determination to debar and was caused by acts within the control of the person
				debarred;
11. Violation of
				contractual or statutory provisions regulating contingent fees;
12. Any other cause affecting responsibility
				as a State contractor of such serious and compelling nature as may be
				determined by purchase and property to warrant debarment, including but not
				limited to, making a material false representation in a bid, even if such
				conduct has not been or may not be prosecuted as violations of such laws or
				contracts;
13. Debarment by some
				other department or agency in the Executive Branch;
14. Any offer or agreement to pay or to make
				payment either directly or indirectly, any fee, commission, compensation, gift,
				gratuity, or other thing of value of any kind to any State officer or employee
				or special State officer or employee, as defined by N.J.S.A. 52:13D-13b and e,
				in the Department of the Treasury or any other agency with which such vendor
				transacts or offers or proposes to transact business, or to any member of the
				immediate family as defined by N.J.S.A. 52:13D-13i, of any such officer or
				employee, or any partnership, firm, or corporation with which they are employed
				or associated, or in which such officer or employee has an interest within the
				meaning of N.J.S.A. 52:13D-13g;
15.
				Failure by a vendor to report to the Attorney General and to the Executive
				Commission on Ethical Standards in writing forthwith the solicitation of any
				fee, commission, compensation, gift, gratuity or other thing of value by any
				State officer or employee or special State officer or employee;
16. Failure by a vendor to report in writing
				forthwith or failure to obtain a waiver from the Executive Commission on
				Ethical Standards, who may undertake, directly or indirectly, any private
				business, commercial or entrepreneurial relationship with, whether or not
				pursuant to employment, contract or other agreement, express or implied, or
				sell any interest in such vendor to, any State officer or employee or special
				State officer or employee having any duties or responsibilities in connection
				with the purchase, acquisition or sale of any property or services by or to any
				State agency or any instrumentality thereof, or with any person, firm or entity
				with which he or she is employed or associated or in which he or she has an
				interest within the meaning of N.J.S.A. 52:13D-13g;
17. Influence or attempt to influence or
				cause to be influenced, any State officer or employee or special State officer
				or employee in his or her official capacity in any manner which might tend to
				impair the objectivity or independence of judgment of said officer or
				employee;
18. Cause or influence or
				attempt to cause or influence, any State officer or employee or special State
				officer or employee to use, or attempt to use, his or her official position to
				secure unwarranted privileges or advantages for the vendor or any other
				person.