Rules & Regulations of the State of Tennessee
Title 0770 - Housing Development
Chapter 0770-02-01 - Unacceptability for Employment on Projects Funded by Tennessee Housing Development Agency
Section 0770-02-01-.02 - ADDITIONAL CAUSES AND CONDITIONS APPLICABLE TO DETERMINATION OF DEBARMENT

Universal Citation: TN Comp Rules and Regs 0770-02-01-.02

Current through September 24, 2024

In addition to the grounds set out in 0770-2-1 above and subject to the following conditions, THDA may also debar a person in the public interest for any of the following causes:

(1) Violation of contract provisions, asset forth below, of a character which is regarded by the Agency to be so serious as to justify debarment action:

(a) Willful failure to perform in accordance with the specifications or within the time limit provided in the contract.

(b) 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 period of time preceding the determination to debar. Failure to perform or unsatisfactory performance which the contractor can show was caused by events beyond its control which were not reasonably foreseeable shall not be considered to be a basis for debarment provided that no fault or negligence of the firm or individual was involved.

(c) Violation of any contractual provision against contingent fees.

(d) Payment or acceptance of a contingent fee, which is paid in violation of any contractual or statutory provision against contingent fees.

(e) Violation of the contractual provision requiring affirmative action to provide equal opportunity in the participant's own employment practices.

(2) Violation of any law, regulation, or procedure relating to the application for financial assistance, insurance, or guarantee or to the performance of obligations incurred pursuant to a grant of financial assistance, or conditional or final commitment to insure or guarantee.

(3) Making or procuring to be made any false statement for the purpose of influencing in anyway the action of THDA.

(4) Any other cause of such serious compelling nature, affecting responsibility, as maybe determined by the Board, to warrant debarment.

Authority: T.C.A. § 13-28-115. Administrative History: Original rule filed September 29, 1981; effective December 29, 1981.

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