New Jersey Administrative Code
Title 7 - ENVIRONMENTAL PROTECTION
Chapter 1D - GENERAL PRACTICE AND PROCEDURE
Subchapter 2 - DEBARMENT, SUSPENSION, AND DISQUALIFICATION FROM DEPARTMENT CONTRACTING
Section 7:1D-2.2 - Causes for debarment
Universal Citation: NJ Admin Code 7:1D-2.2
Current through Register Vol. 56, No. 24, December 18, 2024
(a) The Department of Environmental Protection shall debar a person in the public interest 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 the Federal or State
antitrust statutes, or of the Federal Anti-Kickback Act (18 U.S.C.
874, 40 U.S.C. 276 b, c);
4. Violations of any of the laws governing
the conduct of elections of the State of New Jersey or of its political
subdivisions;
5. Violation of the
Law Against Discrimination ( P.L. 1945, c.169, C.10:5-1 et seq., as
supplemented by P.L. 1975, c.127), or of the act banning discrimination by
industries engaged in defense work in the employment of persons therein (C.114,
L.1942, C.10:1-10 et seq.);
6.
Violations of any laws governing hours of labor, minimum wage standards,
prevailing wage standards, discrimination in wages, or child labor;
7. Violations of any laws governing the
conduct of occupations or professions or regulated industries;
8. Willful failure to perform in accordance
with contract specifications or within contractual time limits;
9. 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;
10. Violation of contractual or statutory
provisions regulating contingent fees;
11. Any other cause affecting responsibility
as a State contractor of such serious and compelling nature as may be
determined by the department to warrant debarment, including such conduct as
may be prescribed by the laws or contracts enumerated in this paragraph even if
such conduct has not been or may not be prosecuted as violations of such laws
or contracts;
12. Debarment by some
other department or agency in the executive branch.
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