99- 346 C.M.R. ch. 25, § 12 - Debarment
For purposes of this section and Section 11 only, the following terms shall have the following meaning:
A.
"Person" shall mean any individual, corporation, partnership or other business
entity, and shall include affiliates, associates and subsidiaries of any such
entity. Person shall also include directors and officers who are closely
connected to or associated with such an entity so as to control it or have the
power to control it in any business dealings.
B. "Debarment" shall me and is qualification
from bidding on or sub-contracting for any project administered by the Maine
Housing.
C. "Bidding Crime" shall
me an any act prohibited by state or federal law committed in any jurisdiction
involving fraud, conspiracy, collusion, perjury or material misrepresentation
with respect to bidding on any public or private contract, and shall include
violations of state anti-trust laws, federal anti-trust laws, the Racketeer
Influenced and Corrupt Organizations Act ("RICO"),
18
U.S.C. §
1961, et seq., and the Mail
Fraud Act,
18 U.S.C. §
1341, et seq.
D. Maine Housing shall have the authority to
Debar any Person for the following reasons for such period of time as it deems
appropriate.
1. Conviction of a Bidding Crime
resulting from either a jury or benchtrial; any plea of guilty or nolo
contendere to a charge of a bidding crime; or any admission by any Person of a
Bidding Crime; or any testimony under oath by an unindicted co-conspirator
indicating a Person's involvement in a Bidding Crime.
2. Conviction of any offense indicating a
lack of moral or ethical business integrity as may reasonably be perceived to
relate to or reflect upon the business practices of the Person.
3. Debarment by any other State or Federal
agency for substantially any of the reasons listed in this Section.
4. Making false, deceptive, or fraudulent
statements on any documents submitted to Maine Housing.
5. Any other cause affecting a Person's
responsibility as a contract or of a serious and compelling
nature.
E.
Notification and Right to Hearing
1. Any Person considered for Debarment shall
be sent written notice by certified mail and allowed the opportunity for a Fair
Hearing to determine whether Debarment is appropriate. The notice shall state
that Debarment is being considered, the reason sunderlying the consideration of
Debarment and that the Person under consideration shall be afforded an
opportunity for a hearing on a specified date.
2. Hearings shall be conducted in accordance
with Section
11.
Notes
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