(1) All invitations to bid shall require each
respondent to state whether or not such respondent, its employees, agents,
independent contractors and proposed subcontractors have been convicted of or
have pled guilty or nolo contendere to any contract crime.
(2) In the event that the State Building
Commission shall learn, in whatever manner, that any person. is subject to this
rule, the State Building Commission shall immediately notify such person in
writing. The notice shall advise such person
(a) Of the nature of this rule and its
application to such person;
(b)
That such person is unacceptable for employment on any contract involving a
State Building Commission project for a period of 60 days from receipt of
notice;
(c) That if such person is
currently providing services to the State Building Commission under any
contract, the obligations under such contracts are not affected;
(d) That such person may within 15 days
provide to the State Building Commission such information and state. ments as
such person desires the State Building Commission to consider in determining
whether such person should be debarred from contracting with the state on State
Building Commission projects and the length of the debarment to be imposed
under this Chapter;
(e) That such
person within sixty (60) days request a hearing before the State Building
Commission to show cause why such person should not be debarred from employment
on any contract on any State Building Commission project or to present evidence
for consideration by the State Building Commission as to the length of the
debarment to be imposed hereunder. An expedited hearing shall be held within a
reasonable time with the Uniform Administrative Procedures Act, as amended,
Section 4-5-101, et seq., used as a
guideline for questions of procedure and admissibility of evidence, with the
period of unacceptability set out in Rule 1390-1-1-.02(b) (2) being extended
until such time as the State Building Commission or a Court having proper
jurisdiction rules otherwise; and
(f) Of the length of debarment which will
automatically be imposed for failure to comply with either of the procedures
outlined in Rule 1390-1-1-.02(b)(4) and (5).
(3) The State Building Commission shall
conduct such investigation as it shall deem necessary and proper and shall in
any event consider any information and statements submitted.
