MASSACHUSETTS
8)
Can contractors be debarred?
A.) Debarment may be imposed for the following
causes; but, debarment shall be imposed in all causes where
debarment is required by law:
(1) conviction or final adjudication by a court or administrative
agency of competent jurisdiction of any of the following offenses:
(i) a criminal offense incident to obtaining or attempting to
obtain a public or private contract or subcontract, or in the
performance of such contract or subcontract;
(ii) a criminal offense involving embezzlement, theft, forgery,
bribery, falsification or destruction of records, receiving
stolen property or any other offense indicating a lack of business
integrity or business honesty which seriously and directly affects
the contractor's present responsibility as a public contractor;
(iii) a violation of state or federal antitrust laws arising
out of the submission of bids or proposals;
(iv) a violation of state or federal laws regulating campaign
contributions;
(v) a violation of chapter two hundred and sixty-eight A;
(vi) a violation of any state or federal law regulating hours
of labor, prevailing wages, minimum wages, overtime pay, equal
pay, child labor, or worker's compensation;
(vii) a violation of any state or federal law prohibiting discrimination
in employment; or
(viii) repeated or aggravated violation of any state or federal
law regulating labor relations or occupational health or safety;
or
(ix) repeated or aggravated violation of any state or federal
law protecting the environment; or
(2) substantial evidence, as determined by a secretary or the
commissioner, of any of the following acts:
(i) willfully supplying materially false information incident
to obtaining or attempting to obtain or performing any public
contract or subcontract;
(ii) willful failure to comply with record-keeping and accounting
requirements prescribed by law or regulation;
(iii) a record of failure to perform or of unsatisfactory performance
in accordance with the terms of one or more public contracts,
provided that such failure to perform or unsatisfactory performance
has occurred within a reasonable period of time preceding the
determination to debar and provided further that such failure
to perform or unsatisfactory performance was not caused by factors
beyond the contractor's control;
(iv) a record of health and safety or environmental violations
of a sufficient frequency and severity so as to evidence a pattern
of noncompliance with existing state and federal laws, or any
rules and regulations applicable thereto;
(v) any other cause affecting the responsibility of a contractor
which the secretary or the commissioner determines to be of
such serious and compelling nature as to warrant debarment.
Notwithstanding any other provision of this section, any contractor
debarred or suspended by any agency of the United States shall
by reason of such debarment or suspension be simultaneously
debarred or suspended under this section, with respect to non-federally
aided contracts; the secretary or the commissioner may determine
in writing that special circumstances exist which justify contracting
with the affected contractor. The secretary or the commissioner
shall give written notice to the secretary of administration
of any such determination.
* This information is taken from the Massachusetts
General Law, Chapter 29, Section F.
* We will need to pay close attention to this section, as it
is not clear whether these specific violations actually pertain
to the prevailing wage laws.
