531 - Debarment or suspension.
SUBCHAPTER D QUALIFICATIONS AND DUTIES Sec. 531. Debarment or suspension. 532. Prequalification of bidders and offerors. 533. Security and performance bonds. 534. Cost or pricing data. 535. Printing. § 531. Debarment or suspension. (a) Authority.--After reasonable notice to the person involved and reasonable opportunity for that person to be heard, the head of a purchasing agency, after consultation with the head of the using agency, shall have authority to debar a person from consideration for the award of contracts. The decision to debar shall be based upon substantial evidence that a cause for debarment or suspension under subsection (b) has occurred. In making the decision of whether to debar a person, the head of the purchasing agency shall take into consideration the seriousness of any violation and any mitigating factors. A debarment may be for a period of not more than three years. The head of the purchasing agency may suspend a person from consideration for an award of contracts for a period of up to three months if there is probable cause for debarment. (b) Causes for debarment or suspension.--The causes for debarment or suspension include: (1) Commission of embezzlement, theft, forgery, bribery, falsification or destruction of records, making false statements or receiving stolen property. (2) Commission of fraud or a criminal offense or other improper conduct or knowledge of, approval of or acquiescence in such activities by a person associated with: (i) obtaining; (ii) attempting to obtain; or (iii) performing a public contract or subcontract. The person's acceptance of the benefits derived from the conduct shall be deemed evidence of such knowledge, approval or acquiescence. (3) Violation of Federal or State antitrust statutes. (4) Violation of any Federal or State law regulating campaign contributions. (5) Violations of any Federal or State environmental law. (6) Violation of any Federal or State law regulating hours of labor, minimum wage standards or prevailing wage standards; discrimination in wages; or child labor violations. (7) Violation of the act of June 2, 1915 (P.L.736, No.338), known as the Workers' Compensation Act. (8) Violation of any Federal or State law prohibiting discrimination in employment. (9) Debarment by any agency or department of the Federal Government or by any other state. (10) Three or more occurrences where a person has been declared ineligible for a contract. (11) Unsatisfactory performance, including, but not limited to, any of the following: (i) Failure to comply with terms of a Commonwealth agency contract or subcontract, including, but not limited to: willful failure to perform in accordance with the terms of one or more contracts, a history of failure to perform or unsatisfactory performance of one or more contracts. (ii) Offering unbalanced bids. (iii) Failure to complete the work in the time frame specified in the contract. (iv) Being declared in default on prior work or project. (v) Failure to submit documents, information or forms as required by contract. (vi) Making false statements or failing to provide information or otherwise to cooperate with the contracting agency, the Office of State Inspector General or other Commonwealth authorities. (vii) Discrimination in violation of laws or regulations in the conduct of business as a contractor. (12) Any other act or omission indicating a lack of skill, ability, capacity, quality control, business integrity or business honesty that seriously and directly affects the present responsibility of a person as determined by the purchasing agency. (c) Decision.--After the person has been given notice of the potential debarment and the opportunity to be heard, the head of a purchasing agency shall issue a written decision. The decision shall: (1) State the reasons for the action taken. (2) Inform the person involved of the right to judicial review as provided in subsection (e). (d) Notice of decision.--A copy of the decision under subsection (c) shall be sent, with delivery confirmed, to the person, any other party intervening or any interested party that has provided written notice to the purchasing agency of that party's interest in the decision under subsection (c). (e) Finality of decision and appeal.--A decision under subsection (c) shall be final and conclusive unless the person appeals to the Commonwealth Court under 42 Pa.C.S. § 763(a)(1) (relating to direct appeals from government agencies) within 30 days after receipt of the decision. (f) Effect of suspension or debarment.--Suspension or debarment of a person shall automatically prohibit all Commonwealth agencies from awarding any contract to the person or renewing or extending any contract with the person unless the contracting officer determines that there are compelling reasons for the award, renewal or extension and the head of the purchasing agency approves the determination. (Dec. 3, 2002, P.L.1147, No.142, eff. imd.)