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Debarment or suspension - 62 Pa. Cons. Stat. § 531

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                               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.)

Last modified: November 27, 2007