The Secretary or his authorized representative is authorized to debar in the public interest a person for the following causes:
- (1) Commission of a criminal offense as an incident to obtaining or attempting to obtain a public or private contract or subcontract thereunder or in the performance of the contract or subcontract.
- (2) Violation of the antitrust statutes.
- (3) Violation of election laws.
- (4) Commission of embezzlement, theft, forgery, bribery, falsification or destruction of records, receiving stolen property, or another offense indicating a lack of business integrity or honesty.
- (5) Violation of a governing hour of labor, minimum wage standards or prevailing wage standards; discrimination in wages; or child labor violations.
- (6) Violation of the Pennsylvania Human Relations Act (43 P. S. § § 951—963).
- (7) Willful failure to perform in accordance with the specifications or within contractural time limits.
- (8) A record of failure to perform or of unsatisfactory performance in accordance with the terms of one or more contracts; provided, that the failure or unsatisfactory performance was within a reasonable period of time preceding the determination to debar and was caused by acts within the control of the contractor debarred.
- (9) Providing false or misleading information as part of a prequalification statement, including but not limited to financial statements, equal opportunity employment forms, affidavits of compliance with prevailing wage statutes and product descriptive literature.
- (10) Other cause affecting responsibility as a Commonwealth contractor, as may be determined by the Secretary to warrant debarment.
- (11) Debarment by some other department or agency of the Commonwealth or other state or the Federal government.
Cross References
This section cited in 4 Pa. Code § 60.4 (relating to conditions); and 4 Pa. Code § 60.7 (relating to suspension).