TITLE 44: GOVERNMENT CONTRACTS, GRANTMAKING, PROCUREMENT AND PROPERTY MANAGEMENT
SUBTITLE B: SUPPLEMENTAL PROCUREMENT
CHAPTER XII: CAPITAL DEVELOPMENT BOARD
PART 990 PREQUALIFICATION OF CONSTRUCTION MANAGERS
SECTION 990.310 CAUSES FOR SUSPENSION, DEBARMENT, MODIFICATION OF PREQUALIFICATION, AND CONDITIONAL PREQUALIFICATION


 

Section 990.310  Causes for Suspension, Debarment, Modification of Prequalification, and Conditional Prequalification

 

CDB may determine a CM is not responsible and suspend, debar or otherwise modify a prequalification or issue a conditional prequalification based upon one or more of the following:

 

a)         Failure to satisfactorily perform work on CDB contracts, private contracts, or other governmental contracts.  (See also Section 990.330.)

 

b)         Breach of the terms of a CDB contract, private contract, or other governmental contract.  (See also Section 990.330.)

 

c)         Making false or misleading statements or failing to disclose or update significant information in connection with CDB procedures or documents, including, but not limited to, the prequalification application.

 

d)         Violation of civil or criminal federal or State statutes or administrative rules and regulations.  In the case of criminal violations, indictment or filing of formal charges by information (complaint) shall constitute adequate evidence for a  determination of non-responsibility.

 

e)         Financial instability that may be evidenced by bankruptcy, failure to timely pay consultants, difficulty in obtaining acceptable insurance, attempts to assign contract proceeds, or other indications of serious business management deficiencies.

 

f)         Failure to understand, accept or utilize CDB procedures and standards, or abuse of CDB procedures and standards, that results in the extraordinary expenditure of CDB resources.

 

g)         Commission of embezzlement, theft, forgery, bribery, falsification or destruction of records, making false statements, receiving stolen property, or conduct indicating a lack of business integrity or business honesty that seriously and directly affects the present responsibility of a CM.

 

h)         Suspension, debarment, or limits on contracts by any other governmental body.

 

i)          Any other cause of so serious or compelling a nature that it affects the responsibility of a CM.