Rhode Island Code of Regulations
Title 220 - Department of Administration
Chapter 30 - Purchases
Subchapter 00 - N/A
Part 14 - Vendor Suspension And Debartment
Section 220-RICR-30-00-14.5 - Suspension and Debarment

Universal Citation: 220 RI Code of Rules 30 00 14.5

Current through September 18, 2024

A. Applicability

1. A suspension or debarment of any part of a business entity constitutes suspension or debarment of all of its divisions, officers, directors, owners and all other organizational elements, except where the suspension or debarment has been specifically limited in scope and application, and may include all known corporate affiliates of a business entity, when such offense or act occurred in connection with the affiliate's performance of duties for or on behalf of the business entity, or with the knowledge, approval, or acquiescence of the business entity or one or more of its principals or directors, or where the business entity otherwise participated in, knew of, or had reason to know of the acts.

2. The fraudulent, criminal or other serious improper conduct of any officer, director, shareholder, partner, employee, or any other individual associated with a contractor may be imputed to the contractor when the conduct occurred in connection with the individual's performance of duties for or on behalf of the contractor, or with the contractor's knowledge, approval, or acquiescence. The contractor's acceptance of benefits derived from the conduct shall be evidence of such knowledge, approval, or acquiescence.

B. Just cause for suspension shall be:

1. In lieu of debarment, a vendor may be suspended for any just cause for debarment, at the sole discretion of the Purchasing Agent, guided by a review of the severity of the violation;

2. An indictment or any information filed by a public agency charging a criminal offense as described above for debarment;

3. Substantial evidence, as determined by the Purchasing Agent, of willfully supplying materially false information incident to obtaining or attempting to obtain or performing any public contract or subcontract, or willful failure to comply with requirements imposed upon contractors or subcontractors by law or regulation;

4. Suspension by the federal government;

5. Material nonperformance on at least one contract, subject to the notice provisions set forth in § 13.20 of this Chapter, if applicable;

6. Lack of responsibility evidenced by:
a. Withdrawal of two or more bids within a two-year period, even with the consent of the Purchasing Agent, or b. Correction following public or formal opening of two or more bids within a two-year period, even with the consent of the Purchasing Agent, or c. Rejection for non-responsiveness of two or more bids within a two-year period;

7. Commission of any act indicating a lack of business integrity or business honesty;

8. Lack of competence, financial responsibility, or other limitations related to the ability of a vendor to provide goods and services;

9. Failure to pay subcontractors for work performed and accepted in accordance with the Prompt Payment Statute, R.I. Gen. Laws § 42-11.1-3;

10. Any failure by a vendor to perform a contract in a workmanlike manner.

C. Just cause for debarment shall be:

1. Conviction or final adjudication by a court or administrative agency of competent jurisdiction of any of the following offenses:
a. Criminal offense incident to obtaining or attempting to obtain a public contract or subcontract, or the performance of such contract or subcontract, in any jurisdiction; or

b. Criminal offense involving embezzlement, theft, fraud, perjury, forgery, bribery, falsification or destruction of records, receiving stolen property (or any other offense indicating a lack of business integrity or honesty which seriously and directly affects the contractor's present responsibility as a public contractor); or

c. Violation of state or federal antitrust laws relative to the submission of bids or proposals (including those proscribing price fixing between competitors, allocation of customers between competitors, and bid rigging); or

d. Violation of state or federal laws regulating campaign contributions;

e. Violation of state or federal laws regulating equal employment opportunity or accessibility for individuals with disabilities.

2. Substantial evidence, as determined by the Purchasing Agent of:
a. Violation of the terms of a public agreement or transaction so serious as to affect the integrity of any agency program;

b. Falsification of information on a bid submission or Bidder Registration form, subcontracting plan, or MBE Utilization Plan;

c. Material nonperformance on two or more contracts, subject to the notice provisions set forth in § 13.20 of this Chapter, if applicable;

d. Debarment by the federal government;

e. Withdrawal, without written permission of the Purchasing Agent, of two or more bids after an award has been announced;

f. Commission of any act indicating a lack of business integrity or business honesty;

g. Lack of competence, financial responsibility, or other limitations related to the ability of a vendor to provide goods and services;

h. Failure to pay subcontractors for work performed and accepted in accordance with the Prompt Payment Statute, R.I. Gen. Laws § 42-11.1-3; or

i. Any failure by a vendor to perform a contract in a workmanlike manner.

D. A vendor or contractor who knowingly engages as a subcontractor, for a contract awarded by the State, a vendor or contractor then under a ruling of suspension or debarment by the State shall be subject to disallowance of cost, annulment or termination of award, issuance of a stop work order, debarment or suspension, as may be judged to be appropriate by the State Purchasing Agent.

E. The Purchasing Agent may suspend a vendor for up to a two-year period, depending on the severity of a particular violation, provided however that where the cause of the suspension is a criminal indictment as described above, the suspension shall remain in force until such time as the court has disposed of the indictment.

Disclaimer: These regulations may not be the most recent version. Rhode Island 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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