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 5.05 - Term of Debarment

Universal Citation: 810 MA Code of Regs 810.5

Current through Register 1531, September 27, 2024

(1) A debarment shall be for a definite period of time, determined by the Deputy Commissioner, as necessary, to protect the integrity of the public contracting process in the particular instance. A debarment may not exceed five years.

(2) The period of time shall be commensurate with the seriousness of the offense.

(3) Elements to consider in determining the duration of debarment includes but are not limited to the following:

(a) Does the offense relate to product quality or workmanship?
1. Does the offense affect the life and safety of others?

2. Does the unsatisfactory performance affect the usefulness of the project?

(b) Does the offense bear upon business integrity?
1. Is the offense a contract violation?

2. Is the offense a statutory violation?

3. is the offense a violation of a rule or regulation?

4. Is the offense a criminal violation?

(4) Elements to consider in mitigation include, but are not limited to:

(a) Has the contractor admitted liability and made restitution?

(b) What weight does the offense carry in relation to the total public owner/contractor relationship?

(c) Was it a first offense?

(d) Has the contractor taken steps to ensure that the offense will not recur?

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