Utah Admin. Code R907-67-3 - Debarment of Contractors from Work on Department Projects - Reasons

The department may debar a contractor from performing work on a department project or responding to a solicitation if the department concludes there is substantial evidence that one or more of the following factors is present:

(1) a conviction of or a civil judgment for:

(a) a commission of fraud or a criminal offense in connection with obtaining, attempting to obtain, or performing a public or private agreement or transaction;

(b) a violation of federal or state antitrust statutes, including those proscribing price fixing between competitors, allocation of customers between competitors, and solicitation rigging;

(c) a commission of embezzlement, theft, forgery, bribery, falsification or destruction of records, making false statements, tax evasion, receiving stolen property, making false claims, or obstruction of justice; or

(d) a commission of another offense indicating a lack of business integrity or business honesty that seriously and directly affects present responsibility;

(2) a violation of the terms of a public agreement or transaction so serious as to affect the integrity of an agency program, such as:

(a) a willful failure to perform in accordance with the terms of one or more public agreements or transactions;

(b) a history of failure to perform or of unsatisfactory performance of one or more public agreements or transactions; or

(c) a willful violation of a statutory or regulatory provision or requirement applicable to a public agreement or transaction;

(3) a debarment or a suspension by a state, federal, or local governmental entity, including a debarment or a suspension of:

(a) the contractor;

(b) a stockholder of more than 5% of the available stock of the contractor;

(c) an immediate relative of the contractor; or

(d) a person or a business affiliated with the contractor;

(4) one or more instances of knowingly doing business with a person ineligible to work or conduct business in the United States;

(5) a failure to pay a single substantial debt, or several outstanding debts, including disallowed costs and overpayments, owed to a state agency or instrumentality;

(6) a violation of a material provision of a settlement of a debarment or suspension action;

(7) a violation of a provision of the Drug-Free Workplace Act of 1988, 41 U.S.C. 701;

(8) a violation of Title 29 USC Chapter 15, the Occupational Safety and Health Act of 1970, Title 34a, Chapter 6, the Utah Occupational Safety and Health Act, 23 CFR Part 655 , Subpart F, the Manual on Uniform Traffic Control Devices for Streets and Highways, or concomitant rules or regulations;

(9) a public admission of conduct constituting a crime related to a solicitation or contract;

(10) a falsification of information or submission of deceptive or fraudulent statements in connection with prequalification, responding to a solicitation, or performing a contract;

(11) one or more instances of collusion with others to perform work on a department project that ostensibly satisfied disadvantaged business enterprise goals or requirements through something other than bona fide disadvantaged business enterprises in a combination of individuals, firms, or corporations;

(12) one or more instances of unsatisfactory performance on a previous or current department project, including:

(a) failing to comply with the contract;

(b) failing to complete work on time;

(c) needing substantial corrective work before acceptance of the work;

(d) requiring reduced pay for completed work;

(e) performing non-specification work or using non-specification materials; or

(f) failing to provide adequate safety measures and appropriate traffic control and thereby endangering the safety of the work force or the public;

(13) a questionable moral integrity as determined by the department, the United States Attorney General, the Utah Attorney General, or the attorney general of another state;

(14) a failure to reimburse the state or a local government for money owed on a previously awarded contract, including contracts where the contractor is a party to a joint venture and the joint venture has failed to reimburse the state or a local government for money owed; or

(15) a department determination that the public health, welfare, or safety requires debarment or suspension.

Notes

Utah Admin. Code R907-67-3

Amended by Utah State Bulletin Number 2023-17, effective 8/23/2023