Wisconsin Administrative Code › Department of Administration › Chapter Adm 24 - Debarment, suspension and ineligibility of department of administration contractors › Section Adm 24.02 - Definitions

Current through June 24, 2024
In this chapter:
(1)
			 "Adequate evidence" means information sufficient to support a reasonable belief
			 that a particular act or omission has occurred.
(2) "Affiliate" means a business entity or
			 individual having a relationship whereby one directly or indirectly controls or
			 can control the other or whereby a third business entity or individual directly
			 or indirectly controls or can control the subject business entity or
			 individual.
(3) "Civil judgment"
			 means a judgment in a civil action by any court of competent
			 jurisdiction.
(4) "Consolidated
			 list" means a list compiled and maintained by the department and containing the
			 names of contractors that have been debarred or suspended under this chapter or
			 that have been declared ineligible under statute, rule, order or legal
			 authority other than this chapter.
(5) "Contractor" means any individual or any
			 legal entity, including its officers and directors, that submits bids or
			 proposals for, or is awarded or may reasonably be expected to submit bids or
			 proposals for or be awarded a department contract. "Contractor" includes any
			 subcontractor of a contractor that conducts business with the department as an
			 agent or representative of a contractor and any individual or legal entity that
			 conducts business with the department as an agent or representative of a
			 contractor.
(6) "Conviction" means
			 a judgment or conviction of a criminal offense by any court of competent
			 jurisdiction, whether entered upon a verdict or a plea and includes a
			 conviction entered upon a plea of no contest.
(7) "Debarment" means action taken by the
			 department under s.
			 Adm
			 24.05 to exclude a contractor from contracting with
			 the department and from department-approved subcontracting for a specified
			 period. A contractor so excluded is "debarred."
(8) "Department" means the Wisconsin
			 department of administration.
(9)
			 "Hearing examiner" means a designee of the secretary who is authorized to
			 conduct a fact-finding hearing and to prepare written findings of fact and who
			 may be authorized to issue debarment and suspension decisions pursuant to this
			 chapter.
(10) "Indictment" includes
			 an indictment for a criminal offense, an information or any other filing by a
			 competent authority charging a criminal offense that results in finding
			 probable cause to believe a felony has been committed and in binding the
			 defendant over for trial.
(11)
			 "Ineligible" means excluded from contracting with the department and, if
			 appropriate, from department-approved subcontracting, under statute, rule,
			 order or legal authority other than this chapter.
Note: Examples of reasons for ineligibility are wage-rate
				violations, civil rights violations and deficient progress.
(12) "Secretary" means the secretary of the
			 department or an authorized representative or designee.
(13) "Suspension" means action taken by the
			 department under s.
			 Adm
			 24.06 to exclude a contractor from contracting with
			 the department or from department-approved subcontracting temporarily pending
			 the completion of an investigation or of a debarment decision-making
			 proceeding. A contractor so excluded is "suspended."