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 5.03 - Grounds for Debarment
Universal Citation: 810 MA Code of Regs 810.5
Current through Register 1531, September 27, 2024
(1) Conviction or final adjudication by a court or administrative agency of competent jurisdiction of any of the following offenses :
(a) a criminal offense incident to obtaining
or attempting to obtain a public or private contract or subcontract, or in the
performance of such contract or subcontract;
(b) a criminal offense involving
embezzlement, theft, forgery, bribery falsification or destruction of records,
receiving stolen property or any other offense indicating a lack of business
integrity or business honesty which seriously and directly affects the
contractor's present responsibility as a public contractor;
(c) a violation of state or federalanti trust
laws arising out of the submission of bids or proposals;
(d) a violation of state or federal laws
regulating campaign contributions;
(e) a violation of any state or federal law
regulating hours of labor, prevailing wages, minimum wages, overtime pay, equal
pay or child labor;
(f) a violation
of any state or federal law prohibiting discrimination in employment;
(g) repeated or aggravated violation of any
state or federal law regulating labor relations or occupational health or
safety.
(2) Clear and convincing evidence as determined by the Deputy Commissioner of the commission of any of the following acts:
(a) willful
supplying of materially false information or willful failure to disclose
significant information incident to obtaining or attempting to obtain or
performing any public contract or subcontract;
(b) willful failure to comply with the
record-keeping and accounting requirements set forth in M.G.L. c. 30, §
39R;
(c) repeated and willful
failure to comply with state laws or regulations;
(d) a record of failure to perform or of
unsatisfactory performance in accordance with the terms of one or more public
contracts, provided that such failure to perform or unsatisfactory performance
has occurred within a reasonable period of time preceding the determination to
debar and provided further that such failure to perform or unsatisfactory
performance was not caused by factors beyond the contractor's
control;
(e) any other cause
affecting the responsibility of a contractor which the deputy commissioner
determines to be of such serious and compelling nature as to warrant
debarment.
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