Pennsylvania Code › Title 67 - TRANSPORTATION › Part I - Department of Transportation › Subpart B - Nonvehicle Code Provisions › Article III - Highways › Chapter 457 - PREQUALIFICATION OF BIDDERS › Section 457.13 - Suspension or debarment

Current through Register Vol. 54, No. 28, July 13, 2024
(a)
Reasons for suspension or debarment.
The Department may
					 temporarily suspend or may debar, for a set period or permanently, a
					 contractor, subcontractor or individual from bidding on or participating in
					 State supervised or funded highway construction work for any of the following
					 reasons:
(1) Commission of embezzlement,
					 theft, forgery, bribery, falsification or destruction of records, making false
					 statements or receiving stolen property.
(2) Commission of fraud or a criminal offense
					 or other improper conduct or knowledge or approval of, or acquiescence in these
					 activities by a contractor or an affiliate, officer, employe or other
					 individual or entity associated with either obtaining, attempting to obtain or
					 performing a public contract or subcontract. The contractor's acceptance of the
					 benefits derived from the conduct shall be deemed evidence of knowledge,
					 approval or acquiescence.
(3)
					 Violation of Federal or State antitrust statutes.
(4) Violation of a State or Federal law
					 regulating campaign contributions.
(5) Violation of a State or Federal
					 environmental law.
(6) Violation of
					 a State or Federal law regulating hours of labor, minimum wage standards or
					 prevailing wage standards; discrimination in wages; or child labor
					 violations.
(7) Violation of the
					 Workers' Compensation Act (77 P. S. §§
													1-2626).
(8) Violation of a State or Federal law
					 prohibiting discrimination in employment.
(9) Suspension or debarment by the
					 Commonwealth or an agency thereof or an agency of another state or by an agency
					 or department of the Federal government.
(10) Three or more occurrences where a
					 contractor has been declared ineligible for a contract.
(11) Unsatisfactory performance including
					 failure to comply with the terms of a Commonwealth contract or subcontract
					 including:
(i) Willful failure to perform in
					 accordance with the terms of one or more contracts, or a history of failure to
					 perform, or of unsatisfactory performance of one or more contracts, or offering
					 unbalanced bids.
(ii) Failure to
					 complete the work in the time frame specified in the contract.
(iii) Being declared in default on prior work
					 or project.
(iv) Failure to submit
					 documents, information or forms as required by contract.
(v) Making false statements or failing to
					 provide information or otherwise to cooperate with the contracting agency, the
					 Office of State Inspector General or other Commonwealth authorities.
(vi) Discrimination in violation of laws or
					 regulations in the conduct of business as a contractor.
(12) Providing false or misleading
					 information to the Office of State Inspector General, Office of the Budget, the
					 Department of the Auditor General, the Office of Attorney General, the Treasury
					 Department, the Board of Claims, or other tribunal or court, the Department, or
					 a representative of an agency as part of any investigation, audit, program
					 review, prequalification statement of certification, contract bids or
					 proposals, contractor applications or claims for payment. This information
					 includes:
(i) Financial statements.
(ii) Nondiscrimination forms.
(iii) Affidavits or statements of compliance
					 with prevailing wage statutes.
(iv)
					 Product descriptive literature and documents submitted in connection with
					 claims for payment made or litigation against Commonwealth agencies.
(13) Other acts or omissions
					 indicating a lack of skill, ability, capacity, quality control, business
					 integrity or business honesty that seriously and directly affect the present
					 responsibility of a contractor or any basis for debarment or suspension in the
					 Commonwealth's Contractor Responsibility Program, Management Directive
					 215.9.