§ 39:1672 — Authority to debar or suspend

§1672. Authority to debar or suspend
A. Applicability. This Section applies to a debarment for cause from consideration
for award of contracts or a suspension from such consideration during an investigation where
there is probable cause for such a debarment.
B. Authority. After reasonable notice to the person involved and reasonable
opportunity for that person to be heard, the chief procurement officer shall have authority to
suspend or debar a person for cause from consideration for award of contracts, provided that
doing so is in the best interests of the state. The causes for debarment are set forth in
Subsection C of this Section. The chief procurement officer may suspend a person from
consideration for award of contracts if he determines that there is probable cause to believe
that such person has engaged in any activity which might lead to debarment. The suspension
shall not be for a period exceeding six months. The authority to debar or suspend shall be
exercised in accordance with regulations.
C. Causes for debarment. The causes for debarment include the following:
(1) Conviction for commission of a criminal offense as an incident to obtaining or
attempting to obtain a public or private contract or subcontract, or in the performance of such
contract or subcontract.
(2) Conviction under state or federal statutes of 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 currently, seriously, and
directly affects responsibility as a contractor.
(3) Conviction under state or federal antitrust statutes arising out of the submission
of bids or proposals.
(4) Violation of contract provisions, as set forth below, of a character which is
regarded by the chief procurement officer to be so serious as to justify debarment action:
(a) Deliberate failure without good cause to perform in accordance with the
specifications or within the time limit provided in the contract.
(b) A recent record of failure to perform or of unsatisfactory performance in
accordance with the terms of one or more contracts; provided that failure to perform or
unsatisfactory performance caused by acts beyond the control of the contractor shall not be
considered to be a basis for debarment.
(5) Any other cause the chief procurement officer determines to be so serious and
compelling as to affect responsibility as a state contractor, including debarment by another
governmental entity for any cause listed in regulations.
(6) Violation of the ethical standards set forth in Chapter 15 of Title 42.
(7) Violation of the procurement of telecommunications or video surveillance
equipment or services by agencies and certain educational entities set forth in R.S. 39:1753.1.
D. Decision. The chief procurement officer shall issue a written decision to debar
or suspend. The decision shall:
(1) State the reasons for the action taken.
(2) Inform the debarred or suspended person involved of its rights to administrative
and judicial review as provided in this Chapter.
E. Notice of decision. A copy of the decision under Subsection D of this Section
shall be mailed or otherwise furnished immediately to the debarred or suspended person and
any other party intervening.
F. Finality of decision. A decision under Subsection D of this Section shall be final
and conclusive unless one of the following applies:
(1) The decision is fraudulent.
(2) The debarred or suspended person has timely appealed administratively to the
commissioner in accordance with R.S. 39:1684.

Legislative History

Added by Acts 1979, No. 715, §1, eff. July 1, 1980; Acts 2014, No. 864, §2, eff. Jan. 1, 2015; Acts 2022, No. 695, §2.