- (1) A debarment shall be for a definite period of time, determined by the Deputy Commissioner, as necessary, to protect the integrity of the public contracting process in the particular instance. A debarment may not exceed five years.
- (2) The period of time shall be commensurate with the seriousness of the offense.
(3) Elements to consider in determining the duration of debarment includes but are not limited to the following:
(a) Does the offense relate to product quality or workmanship?
- 1. Does the offense affect the life and safety of others?
- 2. Does the unsatisfactory performance affect the usefulness of the project?
(b) Does the offense bear upon business integrity?
- 1. Is the offense a contract violation?
- 2. Is the offense a statutory violation?
- 3. is the offense a violation of a rule or regulation?
- 4. Is the offense a criminal violation?
(4) Elements to consider in mitigation include, but are not limited to:
- (a) Has the contractor admitted liability and made restitution?
- (b) What weight does the offense carry in relation to the total public owner/contractor relationship?
- (c) Was it a first offense?
- (d) Has the contractor taken steps to ensure that the offense will not recur?
5.06 Removal of Debarment or Reduction in Term
- (1) A contractor may at any time request the Deputy Commissioner to remove the debarment, or to reduce the period of debarment, imposed under 810 CMR 5.00. If such request is denied, the contractor may not resubmit for 30 days after the date of denial.
- (2) The Deputy Commissioner will consider evidence submitted by the contractor as grounds for such relief, such as new evidence, bona fide change of ownership or management, or eliminationofthe cause for which debarment was imposed.
- (3) If the Deputy Commissioner at his discretion determines to remove the debarment, or to diminish the period thereof, notice shall be sent to the contractor, and published in the Central Register.
REGULATORY AUTHORITY
810 CMR 5.00: M.G.L. c. 149, § 44C