33 Miss. Code R. § 1-33-1-IV-C

Current through May 31, 2024
Appendix 33-1-33-1-IV-C - Debarment, Suspension and Violating Facilities
A. Debarment and Suspension

Loan recipients are prohibited from entering into contractual agreements with individuals, businesses, organizations, or any other entities that have been debarred or suspended by the U. S. Environmental Protection Agency, any other federal agency, state agency or by the Department. Entities debarred or suspended by the federal agencies are identified in the General Services Administration (GSA) publication entitled "List of Parties Excluded from Federal Procurement or Nonprocurement Program."

Loan recipients are responsible for ensuring that prime contractors utilized on the project are not on the federal or state debarment lists. Likewise, prime contractors are responsible for ensuring that subcontractors utilized on the project are not on the federal or state debarment lists.

Anyone may contact the Board Chairman concerning the existence of a cause for debarment or suspension. The Board Chairman may refer the matter to the State Attorney General or other appropriate office for further investigation. If, after review or investigation, the Board Chairman reasonably believes that a cause for debarment exists, the Board Chairman may propose debarment or suspension and may initiate procedures similar to, but not necessarily identical to, federal regulation 40 CFR Part 32: Debarment and Suspension Under EPA Assistance Programs.

Such above described debarment or suspension actions will not affect existing executed contractual agreements, unless such agreements have been terminated or suspended under the terms of the agreement by the loan recipient.

B. Violating Facilities

No loan will be awarded to any loan applicant which owns or makes use of any facility that is on EPA's "List of Violating Facilities", or its successor, unless such loan will remedy the problem which resulted in the facility being placed on the list.

Loan Recipients are prohibited from entering into contractual agreements with individuals, businesses, organizations, or any other entities that are in violation of the Safe Drinking Water Act, unless the agreement will remedy the problem which caused the violation. Such entities are identified in the "List of Violating Facilities".

33 Miss. Code. R. § 1-33-1-IV-C