Mississippi Administrative Code
Title 12 - Finance and Administration
Part 8 - Real Property Management Leasing Manual
Sec2 12-8-600 - LEGAL AND CONTRACTUAL REMEDIES
Section 12-8-600.4 - AUTHORITY TO SUSPEND OR DEBAR

Universal Citation: MS Code of Rules 12-8-600.4

Current through September 24, 2024

(1) Application: This regulation applies to all suspensions or debarments of persons from consideration for award of Lease Contracts imposed by the RPM Division Director.

(2) Authority: After reasonable notice to the person involved and reasonable opportunity for that person to be heard, the RPM Division Director, after consultation with the purchasing agency and the Attorney General, shall have authority to debar a person for cause from consideration for award of Lease 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 Lease Contracts if there is probable cause for debarment. The suspension shall not be for a period exceeding three months.

(3) Causes for Suspension or Debarment: The causes for suspension or debarment include the following:

a. Conviction for commission of a criminal offense as an incident to obtaining or attempting to obtain a public or private Lease Contract or subcontract, or in the performance of such Lease 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 Lease proposals;

d. Violation of Lease Contract provisions, as set forth below, of a character which is regarded by the RPM Division Director 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 limits 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 Lease 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 RPM Division Director 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 Section 7 Ethics of these regulations .

(4) Decision: The RPM Division Director shall issue a written decision to suspend or debar. The decision shall:

a. State the reasons for the action taken; and,

b. Inform the suspended or debarred person involved of its rights to administrative review as provided in the section.

(5) Notice of Decision: A copy of the decision shall be mailed or otherwise furnished immediately to the suspended or debarred person and any other party intervening.

(6) Finality of Decision: A decision shall be final and conclusive, unless fraudulent, or:

a. The suspended or debarred person commences an action in court; or,

b. The suspended or debarred person appeals administratively to the PPRB in accordance with Section 600.3Protests and Appeals to PPRB.

(7) Suspension and Debarment List: The RPM Division Director shall maintain and update a list of suspended and debarred persons. All agencies of the State shall be supplied with this list. The RPM Division Director shall send updates of this list to all agencies of the State as necessary. Such list shall be available to the public upon request.

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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