Current through Register Vol. 47, No. 20, October 25, 2024
Section R-24-109-105-02 - Debarment(a) Following completion of the investigation to determine whether a contractor or prospective contractor has engaged in activities which are a cause for debarment, and after consultation with the affected using agencies and attorney general, the procurement official may debar a contractor or prospective contractor for their department only. A written notice of debarment shall be sent to the debarred person by certified mail, return receipt requested. The notice shall inform the debarred person of his, her or its right to appeal the decision administratively or judicially in accordance with article 109 of the code.(b) A debarment decision will take effect 20 business days after the date the written notice of debarment is sent by certified mail unless an appeal of the debarment is filed during that time. After the debarment decision takes effect, the person shall remain debarred for the debarment period specified in the decision, unless a court, the executive director, or the procurement official who issued the debarment decision orders otherwise.(c) If an appeal is filed by the debarred person prior to the effective date of the debarment, the suspension shall remain in effect until the appeal has been resolved. In the event the appeal is denied, the debarment shall be effective on the completion of the initial 20 business day period or upon resolution of the appeal, whichever is later.(d) For purposes of this section, the conduct of an individual may impact the debarment of a contractor or prospective contractor based on factors such as the individual's position with the contractor or prospective contractor to include but not limited to an officer, director, partner, manager, key employee, or other principal of the contractor or prospective contractor.38 CR 15, August 10, 2015, effective 8/31/201541 CR 17, September 10, 2018, effective 10/1/201846 CR 11, June 10, 2023, effective 7/1/2023