Section 5.04 - Procedure for Debarment(1) Any public agency or interested party may propose to DCPO the debarment of a contractor for causes set forth in 810 CMR 5.03(1). Information and documentation as required by DPCO general counsel must be submitted by the public agency or party seeking the debarment.(2) DCPO may undertake to debar a contractor, for cases set forth in 810 CMR 5.03, based upon its direct experience with that contractor, upon the request of a public agency with such direct experience, or referral from any law enforcement or regulatory agency, or on credible information submitted by any interested party.(3) The Deputy Commissioner may conduct informal hearings between public agencies, the contractor, and any other parties with information concerning the reasons asserted in support of the debarment, to determine if sufficient facts exist which, if proven, would justify a debarment. All mitigating facts and circumstances will be considered in determining if debarment should be sought, including but not limited to whether the accusation is timely, if there is a pattern of improvement in performance, and whether the contractor has made restitution, if applicable.(4) The contractor to be debarred may be an individual, a partnership, a corporation, or any other entity. An affiliate may be debarred on the same facts and in the same proceedings only if it is named and given notice and an opportunity for a hearing.(5) The Deputy Commissioner will send notice by certified mail return receipt requested, to the contractor at his last known address, stating the reasons for and the proposed duration of the debarment, and setting forth the contractor's right to request a hearing. Such a request in writing must be received by the Deputy Commissioner within 14 calendar days of the contractor's receipt of the notice of debarment.(6) The contractor shall be ineligible to bid on public work or to be awarded a contract from the date that he is given notice of debarment until the proceedings are concluded.(7) If no hearing is requested within 14 calendar days, as provided above, a notice imposing debarment and stating the specific period thereof will be sent to the contractor by certified mail, return receipt requested.(8) A hearing, if requested, will be held before the Deputy Commissioner or his designee within 30 days of the contractor's request, unless the Deputy Commissioner grants an extension upon request of the contractor or the DCPO general counsel. The hearing will be conducted in accordance with the Rules and Administrative Procedures issued under M.G.L. c. 30A, §§ 9 through 11.(9) The Deputy Commissioner or his designee will issue findings, and a written decision imposing debarment for a specific period of time, or a decision that debarment should not be imposed . The decision shall be sent at once to the contractor by certified mail, return receipt requested.(10) Notice of debarment will be given to the Central Register in the following form: CENTRAL REGISTER DEBARRED CONTRACTORS LIST
St. 1980, c. 579 gives the Division of Capital Planning and Operations the authority to debar certain contractors for a period of up to five years "to protect the integrity of the public contracting process." No public owner may solicit or accept bids or proposals from a debarred contractor, nor may any debarred contractor contract for work in any capacity on a public construction project during the period of debarment.
3. Duration and Termination Date(11) A decision that debarment should not be imposed will automatically terminate suspension as provided in 810 CMR 5.04(6). The contractor may request that notice of the decision be given to the Central Register.