5338.1 The General Manager may appoint one or more debarment official(s). The debarment official(s) may debar a contractor for a conviction of or a civil judgment for:

1. (a) Commission of fraud or a criminal offense in connection with (i) obtaining (ii) attempting to obtain, or (iii) performing a public contract or subcontract;
2. (b) Violation of federal, state, or District of Columbia antitrust statutes relating to the submission of offers;
3. (c) Commission of embezzlement, theft, forgery, bribery, falsification or destruction of records, making false statements or receiving stolen property; or
4. (d) Commission of any other offense indicating a lack of business integrity or business honesty that seriously and directly affects the present responsibility of a WASA contractor or subcontractor.

5338.2 The debarment official may debar a contractor based upon a preponderance of the evidence, for:

1. (a) Serious violation of the terms of a WASA, federal, District of Columbia, or any state or local jurisdiction contract or subcontract, including, by way of example and not limitation:
2. 1) Willful failure to perform in accordance with the terms of one or more contracts; or
3. 2) A failure to perform, or unsatisfactory performance of one or more WASA contracts; or
4. 3) Willful failure to pay subcontractors for work performed on any WASA contract; or
5. 4) Willful failure to implement MBE, WBE, LSDBE participation goals.
6. (b) Current debarment in the District of Columbia or any federal, state or local jurisdiction.

SOURCE: Emergency Rulemaking published at 46 DCR 613 (January 22, 1999) [EXPIRED]; as Final Rulemaking published at 46 DCR 7349 (September 17, 1999).