As used in this part:
(1)
- (A) “Affiliate” means any business entity which is closely connected or associated with another business entity so that one (1) entity controls or has the power to control the other entity either directly or indirectly, or a third party which has the power to control or controls both, or one (1) business entity which has been so closely allied with another business entity through an established course of dealings, including but not limited to the lending of financial wherewithal, engaging in joint ventures, etc., as to cause a reasonable belief that the two (2) firms operate as a single entity.
- (B) “Affiliate” also means any agent or employee of a contractor or affiliate;
- (2) “Bidding crime” means any act prohibited by state or federal law committed in any jurisdiction involving fraud, conspiracy, collusion, lying, or material misrepresentation with respect to bidding on any public or private contract;
- (3) “Commission” means the State Highway Commission;
- (4) “Contractor” means any person, partnership, corporation, or other business entity which is eligible to bid or desires to bid on construction or supply work let by the State Highway Commission;
- (5) “Debarment” means a disqualification from contracting with the State Highway Commission, participating in the bidding on State Highway Commission contracts, subcontracting on State Highway Commission contracts, or supplying material, equipment, labor, or personal services in the performance of State Highway Commission contracts because of a lack of responsibility of the contractor; and
- (6) “Suspension” means a disqualification from contracting with the State Highway Commission, participating in the bidding on State Highway Commission contracts, subcontracting on State Highway Commission contracts, or supplying material, equipment, labor, or personal services in the performance of State Highway Commission contracts for a period not to exceed forty-five (45) days because of a perceived lack of responsibility of the contractor.