New Jersey Administrative Code
Title 5 - COMMUNITY AFFAIRS
Chapter 4 - DEPARTMENT CONTRACTS
Subchapter 1 - DEBARMENT AND SUSPENSION FROM CONTRACTING
Section 5:4-1.2 - Causes for debarment
Universal Citation: NJ Admin Code 5:4-1.2
Current through Register Vol. 56, No. 18, September 16, 2024
(a) In the public interest, DCA may debar a person for any of the following causes:
1. Commission of a criminal offense as an
incident to obtaining or attempting to obtain a public or private contract, or
subcontract thereunder, or in the performance of such contract or
subcontract.
2. Violation of the
Federal Organized Crime Control Act of 1970, or commission of embezzlement,
theft, forgery, bribery, falsification or destruction of records, perjury,
false swearing, receiving stolen property, obstruction of justice, or any other
offense indicating a lack of business integrity or honesty.
3. Violation of Federal or State antitrust
statutes, or of the Federal Anti-Kickback Act (
18 U.S.C.
874, 40 U.S.C. 276 b and c).
4. Violation of any Federal or State law
governing the conduct of elections.
5. Violation of the Law Against
Discrimination ( P.L. 1945, c.169, as supplemented by P.L. 1975, c.127) or of
any other Federal or State law against discrimination in employment.
6. Violation of any law governing hours of
labor, minimum wage standards, prevailing wage standards, discrimination in
wages, or child labor.
7. Violation
of any law governing the conduct of an occupation, profession or regulated
industry.
8. Violation of any other
law which may bear upon a lack of responsibility or moral integrity.
9. Willful failure to perform in accordance
with contract specifications or within contractual time limits.
10. A record of failure to perform or of
unsatisfactory performance in accordance with the terms of one or more
contracts, provided that such failure or unsatisfactory performance has
occurred within a reasonable time preceding the determination to debar and was
caused by acts within the control of the person debarred.
11. Violation of contractual or statutory
provisions regulating contingent fees.
12. Any other cause affecting responsibility
as a DCA contractor of such serious and compelling nature as may be determined
by DCA to warrant debarment, even if such conduct has not been or may not be
prosecuted as being a violation of such laws or contract.
13. Debarment by some other department or
agency in the Executive branch.
14.
Debarment by any department, agency or instrumentality of any other state or
territory or of the United States of America.
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