Administrative Rules of Montana
Department 18 - TRANSPORTATION
Chapter 18.3 - CONTRACTOR DEBARMENT
Subchapter 18.3.1 - Contractor Debarment Procedures
Rule 18.3.104 - REASONS FOR DEBARMENT
Universal Citation: MT Admin Rules 18.3.104
Current through Register Vol. 18, September 20, 2024
(1) A person may be debarred upon adequate evidence that the person:
(a) Has been convicted of, or has committed,
one of the following offenses, whether a violation of any state's or federal
law or regulation, within the prior three years:
(i) Fraud or a criminal offense in connection
with obtaining, attempting to obtain, or performing a public or private
agreement or transaction;
(ii)
Violation of federal or state antitrust statutes, including those proscribing
price-fixing between competitors, allocation of customers between competitors,
and bid-rigging;
(iii)
Embezzlement, theft, forgery, falsification or destruction of records, making
false statements, receiving stolen property, making false, fraudulent or
fictitious claims, bribery, or obstruction of justice;
(iv) Any act prohibited by state or federal
law committed in any jurisdiction involving conspiracy, collusion, lying or
material misrepresentation with respect to bidding on any public or private
contract, or fraud;
(v) Any felony
(federal or state) or other offense indicating a lack of business or personal
integrity, or business or personal honesty that seriously and directly affects
the present integrity of a person;
(vi) Violation of a prior federal or state
suspension or debarment; or
(vii)
Any other cause of a serious and compelling nature which affects the
responsibility of the contractor to be awarded contracts by the commission or
department.
(b) Filed a
false, fictitious or fraudulent claim to any federal or state agency in
conjunction with: work performed on a department project; work performed for
the department; or any claim that the department (or the state of Montana as
the department's self-insuring entity) owes the person for purported acts of
the department or one of its agents. If a contractor submits a claim, either
under the department claims procedure, in a lawsuit against the department, or
by any other means, which is not adequately and fully supported with factual
evidence and cost data, it will be considered to be false, fictitious or
fraudulent under these rules;
(c)
Violated terms of a public agreement or contract, affecting his integrity for
future contracts with the department or performance in department contracts.
This includes:
(i) a willful failure to
perform in accordance with the terms of one or more public agreements or
transactions, including contract requirements (i.e., standard specifications,
special provisions, etc.), or serious or repeated violations of specifications,
bid requirements or claims procedures. If a person wishes to contract with the
department or participate in projects, he must abide by the department's
specifications and requirements, or will no longer be allowed the
privilege;
(ii) a history of
failure to perform or of unsatisfactory performance in one or more public
agreements or transactions. This includes, among other possible examples, a
common or repeated practice of a contractor submitting low bid and later
submitting claims which are determined to be unfounded or unreasonable (i.e.,
claiming for work or conditions which were called for in or should reasonably
have been anticipated for the project), and a prime contractor = s repeated
failure to promptly pay its subcontractors and/or suppliers after the prime has
been paid by the project owner;
(iii) a failure to reimburse the department,
after written demand is made, for an overpayment made by the department to the
person under a contract;
(iv) a
willful violation of a statutory or regulatory provision or requirement
applicable to a public agreement or transaction; or
(v) serious or repeated violations of U.S. or
Montana department of labor wage requirements.
(d) Knowingly violated Montana or federal
disadvantaged business enterprise (DBE) programs. It includes violations of the
department's DBE program (i.e., establishing or dealing with a known DBE
"front"; dealing with a DBE which he knows is not performing a "commercially
useful function"; or performing part of the DBE's required work; or not making
prompt payment as required by law to DBE subcontractors or suppliers)
;
(e) Has done, is doing, or is
attempting to do business with, a debarred, suspended or otherwise ineligible
person on a department project or contract while knowing of the debarment,
suspension or ineligibility;
(f)
Has not timely paid all required taxes (i.e., fuel taxes), fees, charges or
wages in connection with its work on a project(s), or has not procured all
legally-required permits or notices for the due and lawful prosecution of its
work;
(g) Has not observed or
complied with significant required laws or regulations in the accomplishment of
its work; or
(h) For any other
cause of so serious or compelling a nature that it affects the present
responsibility of the person.
(2) For purposes of these rules, an indictment or the filing of criminal charges of offenses enumerated in these rules against the person shall constitute adequate evidence for purposes of suspension.
60-2-201 and 60-3-101, MCA; IMP, 17-8-231, 18-1-102, 18-2-313, 60-2-111, 60-2-112, and 60-2-201, MCA;
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