Grounds for Debarment

(1) Conviction or final adjudication by a court or administrative agency of competent jurisdiction of any of the following offenses: (a) 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; (b) a criminal offense involving embezzlement, theft, forgery, bribery falsification or destruction of records, receiving stolen property or anyother offense indicating a lack of business integrity or business honesty which seriously and directly affects the contractor's present responsibility as a public contractor; (c) a violationofstate or federalantitrust laws arising out of the submission of bids or proposals; (d) a violation of state or federal laws regulating campaign contributions; 5.03: continued (e) a violation of any state or federal law regulating hours of labor, prevailing wages, minimum wages, overtime pay, equal pay or child labor; (f) a violation of any state or federal law prohibiting discrimination in employment; (g) repeated or aggravated violation of any state or federal law regulating labor relations or occupational health or safety. (2) Clear and convincing evidence as determined by the Deputy Commissioner of the commission of any of the following acts: (a) willful supplying of materially false information or willful failure to disclose significant information incident to obtaining or attempting to obtain or performing any public contract or subcontract; (b) willful failure to comply with the record-keeping and accounting requirements set forth in M.G.L. c. 30, § 39R; (c) repeated and willful failure to comply with state laws or regulations; (d) a record of failure to perform or of unsatisfactoryperformance inaccordance 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; (e) any other cause affecting the responsibility of a contractor which the deputy commissioner determines to be of such serious and compelling nature as to warrant debarment.