N.J. Admin. Code § 5:4-1.2

Current through Register Vol. 56, No. 23, December 2, 2024

Section 5:4-1.2 - Causes for debarment

(a) In the public interest, DCA may debar a person for any of the following causes:

1. Commission of a criminal offense as an incident to obtaining or attempting to obtain a public or private contract, or subcontract thereunder, or in the performance of such contract or subcontract.

2. Violation of the Federal Organized Crime Control Act of 1970, or commission of embezzlement, theft, forgery, bribery, falsification or destruction of records, perjury, false swearing, receiving stolen property, obstruction of justice, or any other offense indicating a lack of business integrity or honesty.

3. Violation of Federal or State antitrust statutes, or of the Federal Anti-Kickback Act ( 18 U.S.C. 874, 40 U.S.C. 276 b and c).

4. Violation of any Federal or State law governing the conduct of elections.

5. Violation of the Law Against Discrimination ( P.L. 1945, c.169, as supplemented by P.L. 1975, c.127) or of any other Federal or State law against discrimination in employment.

6. Violation of any law governing hours of labor, minimum wage standards, prevailing wage standards, discrimination in wages, or child labor.

7. Violation of any law governing the conduct of an occupation, profession or regulated industry.

8. Violation of any other law which may bear upon a lack of responsibility or moral integrity.

9. Willful failure to perform in accordance with contract specifications or within contractual time limits.

10. A record of failure to perform or of unsatisfactory performance in accordance with the terms of one or more contracts, provided that such failure or unsatisfactory performance has occurred within a reasonable time preceding the determination to debar and was caused by acts within the control of the person debarred.

11. Violation of contractual or statutory provisions regulating contingent fees.

12. Any other cause affecting responsibility as a DCA contractor of such serious and compelling nature as may be determined by DCA to warrant debarment, even if such conduct has not been or may not be prosecuted as being a violation of such laws or contract.

13. Debarment by some other department or agency in the Executive branch.

14. Debarment by any department, agency or instrumentality of any other state or territory or of the United States of America.

N.J. Admin. Code § 5:4-1.2