Current through Register Vol. 54, No. 49, December 7, 2024
Section 68.2 - Imposition of sanctionsIn cases where efforts of the Department of General Services Contract Compliance Officer are unsuccessful in producing amicable and voluntary compliance, the officer may issue an order giving the contractor 30 days to show cause why sanctions as defined by 16 Pa. Code §49.71 (relating to generally) may not be imposed. The sanctions may include one or more of the following:
(1) Publication of names of noncomplying contractors, and, also, labor unions if the latter are a cause of noncompliance.(2) Recommendation to the Attorney General for enforcement action by injunction and otherwise.(3) Recommendation to the appropriate law enforcement agency for enforcement by institution of criminal proceedings.(4) Ordering the fixed-period suspension or termination of the contract agreement, with noncompliance for the fixed period-not less than 30 days-to be considered a material breach giving a right to damage actions against the contractor or surety, or both.(5) Providing that Commonwealth departments, agencies and commissions shall refrain from entering into further State contracts or modifying existing contracts with any noncomplying contractor and that the prequalification of a prequalified noncomplying contractor be revoked until the contractor has satisfied the agency or Human Relations Commission that it will carry out policies complying with 16 Pa. Code Chapter 49 (relating to contract compliance). Reference should be made to 16 Pa. Code § 49.71.The provisions of this § 68.2 adopted August 3, 1979, effective 8/4/1979, 9 Pa.B. 2523. This section cited in 4 Pa. Code § 68.3 (relating to hearing and appeal procedures).