N.J. Admin. Code § 5:80-18.2

Current through Register Vol. 56, No. 24, December 18, 2024

Section 5:80-18.2 - Causes for debarment of a person(s)

(a) In the public interest, the Agency 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 any Federal or State antitrust statute or of the Copeland Anti-kickback Act, 18 U.S.C. § 874 and 40 U.S.C. § 3145.

4. Violations of any of the laws governing the conduct of elections of the Federal Government, of the State of New Jersey, or of its political subdivisions.

5. Violation of the New Jersey Law Against Discrimination, N.J.S.A. 10:5-1 et seq., or of the Act banning discrimination in public works employment, N.J.S.A. 10:2-1 et seq., or of the Act prohibiting employment discrimination by industries engaged in defense work, N.J.S.A. 10:1-10 et seq.

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

7. Violations of any laws governing the conduct of occupations or professions or regulated industries.

8. Violations of any other laws 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 to be debarred.

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

12. Any other cause affecting responsibility as an Agency contractor of such serious and compelling nature as may be determined by the Agency to warrant debarment, even if such conduct has not been or may not be prosecuted as violations of such laws or contracts.

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

14. Debarment by the Department of Housing and Urban Development, Federal Housing Administration or any other instrumentality, agency or department of the United States Government.

15. Any violation of the prohibited activities listed at N.J.A.C. 5:80-18.8(a) or failure to report violations of prohibited activities as required under N.J.A.C. 5:80-18.8(b).

N.J. Admin. Code § 5:80-18.2

Amended by 49 N.J.R. 3423(c), effective 10/16/2017