4 Pa. Code § 58.406 - Denial or decertification of small business, small diverse business or veteran business enterprise status
(a) The Department will deny or decertify
businesses from certified SB status or verified SDB or VBE status, or all of
those statuses, for any the following reasons:
(1) The business received certification by
knowingly submitting false and misleading information.
(2) The business knowingly allowed the misuse
of its certification status.
(3)
The business failed to cooperate with or respond to a request for information
from the Department or another Commonwealth agency or official.
(4) The alternate certifying entity
decertifies the business.
(5) The
Department issues a written notice of default or notice of termination, or
both, under the terms and conditions of a contract issued as the result of an
SBR procurement.
(6) For any other
good cause as determined by the Department.
(b) The Department reserves the right to
consider other causes that impact business status to be sufficient to warrant
decertification.
(c) By certified
mail, the Department will send the business a Notice of Proposal to Deny or
Decertify that includes all of the following:
(1) Specifies the reasons for the proposed
denial or decertification in terms that will place the business on notice of
the conduct or transactions upon which the notice is based.
(2) States the grounds relied upon under
subsection (a) for proposing denial or decertification.
(3) Advises that, within 20 calendar days
after receipt of the Notice of Proposal to Deny or Decertify, the business may
submit in person, in writing, or through a representative, information in
opposition to the proposed decertification, including information that raises a
genuine dispute over the material facts.
(4) States the potential effect of the
proposed decertification.
(5)
Advises that the Secretary of the Department or a designee will make this
decision.
(d) If the
business is in fact decertified, the decision letter will also inform the
decertified business of its rights of review.
(e) If the actions of the business are the
subject of an indictment, information or other criminal charge, the Department
may temporarily suspend the certification until the determination is made to
decertify or reinstate. A review of this temporary suspension may be made by
the Secretary or a designee.
Notes
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