The causes for debarment or suspension occurring within three years of a procurement include but are not limited to the following:

1. A. Conviction of a bidder, offeror or contractor for commission of a criminal offense related to obtaining or attempting to obtain a public or private contract or subcontract, or in the performance of such contract or subcontract;
2. B. Conviction of a bidder, offeror or contractor under state or federal statutes of embezzlement, theft, forgery, bribery, falsification or destruction of records or receiving stolen property;
3. C. Conviction of a bidder, offeror or contractor under state or federal antitrust statutes arising out of the submission of bids or proposals;

4. D. Violation by a bidder, offeror or contractor of contract provisions, as set forth in this subsection, of a character which is reasonably regarded by the Department to be so serious as to justify suspension or debarment action:

   (1) Willful failure to perform in accordance with one or more contracts, provided that this failure has occurred within a reasonable time preceding the decision to impose debarment (or suspension); or

   (2) A history of failure to perform, or of unsatisfactory performance of, one or more contracts, provided that this failure or unsatisfactory performance has occurred within a reasonable time preceding the decision to impose debarment and provided further that failure to perform or unsatisfactory performance caused by acts beyond the control of the contractor shall not be considered to be a basis for debarment (or suspension).

5. E. Any other cause occurring within three years of a procurement which the Department determines to be so serious and compelling as to affect responsibility as a contractor; and

6. F. A willful violation by a bidder, offeror or contractor of the provisions of the Procurement Code within three years of a procurement.

   [Recompiled 11/16/01]