La. Admin. Code tit. 34 § XIII-2107

Current through Register Vol. 50, No. 9, September 20, 2024

Section XIII-2107 - Debarment

A. Authority. After reasonable notice to the person involved and reasonable opportunity for that person to be heard, the CPO shall have authority to debar a person from consideration for the award of contracts. The decision to debar shall be based upon substantial evidence that a cause for debarment or suspension under subsection B has occurred. In making the decision of whether to debar a person, the CPO shall take into consideration the seriousness of any violation and any mitigating factors. The CPO may suspend a person from consideration for an award of contracts for a period of up to three months if there is probable cause for debarment.

B. Causes. A person or entity may be debarred from further participation in contracts with the university on any of the following grounds:

1. conviction of the person or entity, or any of its officers, directors, principals, or key employees, of a criminal offense related to obtaining or attempting to obtain a contract with the university or the performance of a contract with the university;

2. conviction of the person or entity, or any of its officers, directors, principals, or key employees, of a criminal offense related to fraud, embezzlement, theft, forgery, bribery, falsification or destruction of records, or receiving stolen property, or any other offense involving moral turpitude;

3. conviction, or a civil finding of liability, of the person or entity or any of its officers, directors, principals, or key employees, of an offense under antitrust statutes of the United States, Louisiana, or any other state, for activities arising out of the submission of bids or proposals;

4. failure to perform in accordance with the terms of one or more contracts following notice of such failure, or a repeated failure to perform or of unsatisfactory performance of one or more contracts;

5. the person or entity is currently under debarment by any other government entity based upon a settlement, agreement or a final administrative or judicial determination issued by a federal, state or local governmental entity;

6. violation of any federal or state law regulating campaign contributions;

7. violations of any federal or state environmental law;

8. violation of any federal or state law regulating hours of labor, minimum wage standards or prevailing wage standards; discrimination in wages; or child labor violations;

9. violation of the Workers' Compensation Act;

10. violation of any federal or state law prohibiting discrimination in employment;

11. three or more occurrences where a person has been declared ineligible for a contract;

12. unsatisfactory performance, including, but not limited to, any of the following:

a. failure to comply with terms of a state or university contract or subcontract, including, but not limited to: willful failure to perform in accordance with the terms of one or more contracts, a history of failure to perform or unsatisfactory performance of one or more contracts;

b. failure to complete the work in the time frame specified in the contract;

c. being declared in default on prior work or project;

d. failure to submit documents, information or forms as required by contract;

e. making false statements or failing to provide information or otherwise to cooperate with the university, contracting agency, or other state authorities;

f. discrimination in violation of laws or regulations in the conduct of business as a contractor;

13. any other act or omission indicating a lack of skill, ability, capacity, quality control, business integrity or business honesty that seriously and directly affects the present responsibility of a person as determined by the purchasing agency.

C. Hearing. When the CPO determines that a person or entity may have engaged in activities which are cause for debarment, a hearing shall be conducted by an independent hearing officer, designated by the CPO, in which evidence is received and a record created. The hearing officer shall issue a decision, including findings of fact and conclusions, based on the evidence produced in the hearing.

D. Effect. If the decision is to debar, the decision shall state the debarment period and inform the person or entity that no person representing the debarred person or entity during the debarment period may conduct business with the university and that any response to a solicitation received from the debarred person or entity during the debarment period will not be considered.

E. Administrative Review. A decision by the hearing officer to debar a person or entity may be appealed to the CFO or designee within seven days of receipt of the written decision on debarment. The CFOs review shall be based on the record created from the hearing.

F. Appeal. The decision of the CFO or designee may be appealed within seven days, excluding Saturdays, Sundays and postal holidays, after receipt of the decision of the CFO or designee to the chancellor. The decision of the chancellor shall constitute the final administrative determination regarding the debarment. The person or entity debarred may seek judicial review of the administrative determination in pursuant to the provisions of LAC 34: XIII. Chapter 15, which review shall be based on the record compiled at the administrative level.

La. Admin. Code tit. 34, § XIII-2107

Promulgated by the Board of Supervisors of Louisiana State University and Agricultural and Mechanical College, Office of Procurement and Property Management, LR 41553 (3/1/2015).

AUTHORITY NOTE: Promulgated in accordance with R.S. 17:3139-3139.7 as amended by Act 749 of 2014.