1. (1) a conviction of or a civil judgment for:

   1. (a) a commission of fraud or a criminal offense in connection with obtaining, attempting to obtain, or performing a public or private agreement or transaction;
   2. (b) a violation of federal or state antitrust statutes, including those proscribing price fixing between competitors, allocation of customers between competitors, and solicitation rigging;
   3. (c) a commission of embezzlement, theft, forgery, bribery, falsification or destruction of records, making false statements, tax evasion, receiving stolen property, making false claims, or obstruction of justice; or
   4. (d) a commission of another offense indicating a lack of business integrity or business honesty that seriously and directly affects present responsibility;

2. (2) a violation of the terms of a public agreement or transaction so serious as to affect the integrity of an agency program, such as:

   1. (a) a willful failure to perform in accordance with the terms of one or more public agreements or transactions;
   2. (b) a history of failure to perform or of unsatisfactory performance of one or more public agreements or transactions; or
   3. (c) a willful violation of a statutory or regulatory provision or requirement applicable to a public agreement or transaction;

3. (3) a debarment or a suspension by a state, federal, or local governmental entity, including a debarment or a suspension of:

   1. (a) the contractor;
   2. (b) a stockholder of more than 5% of the available stock of the contractor;
   3. (c) an immediate relative of the contractor; or
   4. (d) a person or a business affiliated with the contractor;
4. (4) one or more instances of knowingly doing business with a person ineligible to work or conduct business in the United States;
5. (5) a failure to pay a single substantial debt, or several outstanding debts, including disallowed costs and overpayments, owed to a state agency or instrumentality;
6. (6) a violation of a material provision of a settlement of a debarment or suspension action;
7. (7) a violation of a provision of the Drug-Free Workplace Act of 1988, 41 U.S.C. 701;
8. (8) a violation of Title 29 USC Chapter 15, the Occupational Safety and Health Act of 1970, Title 34a, Chapter 6, the Utah Occupational Safety and Health Act, 23 CFR Part 655, Subpart F, the Manual on Uniform Traffic Control Devices for Streets and Highways, or concomitant rules or regulations;
9. (9) a public admission of conduct constituting a crime related to a solicitation or contract;
10. (10) a falsification of information or submission of deceptive or fraudulent statements in connection with prequalification, responding to a solicitation, or performing a contract;
11. (11) one or more instances of collusion with others to perform work on a department project that ostensibly satisfied disadvantaged business enterprise goals or requirements through something other than bona fide disadvantaged business enterprises in a combination of individuals, firms, or corporations;

12. (12) one or more instances of unsatisfactory performance on a previous or current department project, including:

    1. (a) failing to comply with the contract;
    2. (b) failing to complete work on time;
    3. (c) needing substantial corrective work before acceptance of the work;
    4. (d) requiring reduced pay for completed work;
    5. (e) performing non-specification work or using non-specification materials; or
    6. (f) failing to provide adequate safety measures and appropriate traffic control and thereby endangering the safety of the workforce or the public;
13. (13) a questionable moral integrity as determined by the department, the United States Attorney General, the Utah Attorney General, or the attorney general of another state;
14. (14) a failure to reimburse the state or a local government for money owed on a previously awarded contract, including contracts where the contractor is a party to a joint venture and the joint venture has failed to reimburse the state or a local government for money owed; or
15. (15) a department determination that the public health, welfare, or safety requires debarment or suspension.

The department may debar a contractor from performing work on a department project or responding to a solicitation if the department concludes there is substantial evidence that one or more of the following factors is present:

KEY: debar, transportation, contractors, suspension

Date of Last Change: August 23, 2023

Notice of Continuation: June 23, 2023

Authorizing, and Implemented or Interpreted Law: 72-1-201