Section 60.3. Cause for debarment

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.

Notation

Cross References

This section cited in 4 Pa. Code § 60.4 (relating to conditions); and 4 Pa. Code § 60.7 (relating to suspension).