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Louisiana Regulations § 31-III-137 Suspension and Debarment of Drayage or Storage Contractor

⤴ Up to Chapter 1: Procurement of Voting System Drayage and Storage

Regulation Text

A. A bidder and its principal officers and agents may be debarred or suspended from consideration for award of contracts during an investigation for probable cause if it is in the best interests of the state.
B. The Secretary of State may suspend or debar a person for cause after notice to the bidder has been given and the bidder has had a reasonable opportunity to respond. A bidder may be suspended if the Secretary of State determines that there is probable cause to believe that the bidder has engaged in any activity to lead to debarment.
1. The period of time for the suspension of a drayage or storage contract shall be a minimum of one complete cycle of bidding in all parishes.
2. The period of time for debarment of a drayage or storage contract shall be a minimum of two complete cycles of bidding in all parishes.
C. Causes for debarment shall be determined in accordance with R.S. 39:1672 (C) .
D. In addition to the provisions of R.S. 39:1672 (C) , the Secretary of State may debar a bidder for the following reasons:
1. the bidder has withdrawn a bid after an award, for whatever reason, more than once; or
2. the Secretary of State may declare other specific reasons for suspension or debarment which is in the best interests of the state.
E. The Secretary of State shall notify the debarred or suspended bidder in writing of the decision stating the reasons for the action taken and the amount of time of suspension or debarment. Such notification shall also inform the debarred or suspended bidder's rights to administrative and judicial review.
F. The decision of the Secretary of State or his designee shall be final unless:
1. the decision is fraudulent; or
2. the person has appealed to the commissioner of administration in accordance with R.S. 39:1684 .

History

Promulgated by the Department of State, Elections Division, LR 34:702 (April 2008).

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