Mississippi Administrative Code
Title 12 - Finance and Administration
Part 6 - Office of Purchasing, Travel and Fleet Management
Chapter 6 - Legal and Contractual Remedies
Sec2 12-6.102 - Authority to Debar or Suspend


Current through December 10, 2024

(1) Authority

After reasonable notice to the person involved and reasonable opportunity for that person to be heard, the Chief Procurement Officer or the head of a purchasing agency, after consultation with the using agency and the Attorney General, shall have authority to debar a person for cause from consideration for award of contracts. The debarment shall be for a period of two years. The same officer, after consultation with the using agency and the Attorney General, shall have authority to suspend a person from consideration for award of contracts if there is probable cause for debarment. The suspension shall not be for a period exceeding three months.

(2) Causes for Debarment or Suspension

The causes for debarment or suspension include the following:

(a) conviction for commission of a criminal offense as an incident to obtaining or attempting to obtain a public or private contract or subcontract, or in the performance of such contract or subcontract;

(b) conviction under State or Federal statutes of 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 currently, seriously, and directly affects responsibility as a Mississippi contractor;

(c) conviction under State or Federal antitrust statutes arising out of the submission of bids or proposals;

(d) violation of contract provisions, as set forth below, of a character which is regarded by the Chief Procurement Officer or the head of a purchasing agency to be so serious as to justify debarment action:
(i) deliberate failure without good cause to perform in accordance with the specifications or within the time limit provided in the contract; or

(ii) a recent record of failure to perform or of unsatisfactory performance in accordance with the terms of one or more contracts; provided that failure to perform or unsatisfactory performance caused by acts beyond the control of the contractor shall not be considered to be a basis for debarment;

(e) any other cause the Chief Procurement Officer or the head of a purchasing agency determines to be so serious and compelling as to affect responsibility as a Mississippi contractor, including debarment by another governmental entity for any cause listed herein; and

(f) for violation of the ethical standards set forth in Chapter 9 (Ethics in Public Contracting).

(3) Decision

The Chief Procurement Officer or the head of a purchasing agency shall issue a written decision to debar or suspend. The decision shall:

(a) state the reasons for the action taken; and

(b)inform the debarred or suspended person involved of its rights to administrative review as provided in this Chapter.

(4) Notice of Decision

A copy of the decision under Subsection (3) of this section shall be mailed or otherwise furnished immediately to the debarred or suspended person and any other party intervening.

(5) Finality of Decision

A decision shall be final and conclusive, unless fraudulent, or:

(a) the debarred or suspended person commences an action in court; or

(b)the debarred or suspended person appeals administratively to the Procurement Review Board in accordance with Section 6.205, Suspension or Debarment Procedures.

Disclaimer: These regulations may not be the most recent version. Mississippi may have more current or accurate information. We make no warranties or guarantees about the accuracy, completeness, or adequacy of the information contained on this site or the information linked to on the state site. Please check official sources.
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