Causes for Debarment of a Person(s)

PURPOSE: This rule establishes the grounds upon which a person may be debarred from participating in covered transactions with the Missouri Housing Development Commission. (1) In the public interest, the commission may debar a person for any of the following causes: (A) Conviction or Civil Judgment for— 1. Acts of fraud or a criminal offense as an incident to obtaining or attempting to obtain a public or private contract, or subcontract thereunder, or in the performance of such contracts or subcontracts; or 2. Acts of embezzlement, theft, forgery, bribery, falsification or destruction of records, perjury, false swearing, receiving stolen property, obstruction of justice, or any other offense indicating a lack of business integrity or honesty; or 3. Violation of any federal or state antitrust statute, including those proscribing price fixing between competitors, allocation of customers between competitors, and bid rigging; or 4. Violation of the federal Anti-Kickback Acts, 18 U.S.C. section 874 and 40 U.S.C. section 3145; or 5. Violation of any of the laws governing the conduct of elections of the federal government or of the state of Missouri or its political subdivisions; or 6. Violation of any Missouri laws prohibiting discrimination, including, but not limited to, acts of discrimination prohibited under section 213.040, RSMo, et seq., and section 215.110, RSMo, et seq.; or 7. Violation of any laws governing hours of labor, minimum wage standards, prevailing wage standards, discrimination in wages, or child labor; or 8. Violations of any laws governing the conduct of occupations or professions or regulated industries; or 9. Any other offense, or violation of any other law(s), which may indicate a lack of responsibility, business integrity, or business honesty that seriously and directly affects the present responsibility of a person; (B) Violation of the terms of a covered transaction so serious as to affect the integrity of a program administered by the commission such as— 1. A willful failure to perform in accordance with the terms of one (1) or more covered transactions, or within the contractual time limits for one (1) or more covered transactions; 2. A history of failure to perform or of unsatisfactory performance of one (1) or more covered transactions, provided that such failure or unsatisfactory performance has occurred within a reasonable time preceding the determination to debar and was caused by acts within the control of the person to be debarred; or 3. A willful violation of a statutory or regulatory provision or requirement applicable to a covered transaction; (C) Any violation of the Workforce Eligibility Policy; (D) Failure to pay a single substantial debt or a number of outstanding debts (including disallowed costs and overpayment, but not including sums owed the federal government under the Internal Revenue Code) owed to any federal agency or instrumentality, provided the debt is uncontested by the debtor or, if contested, provided that the debtor’s legal and administrative remedies have been exhausted; (E) Debarment by any instrumentality, department, or agency of the state of Missouri or of any other state; (F) Debarment by the Department of Housing and Urban Development, Federal Housing Administration, or any other instrumentality, agency, or department of the United States government; (G) Knowingly doing business with a debarred, suspended, ineligible, or voluntarily excluded person in connection with a covered transaction; (H) Any violation of the Missouri Housing Development Commission (MHDC) Standards of Conduct; (I) Improper communication in violation of the Contact with the Commission and Employees Policy; (J) Violation of a material provision of any settlement of a debarment or suspension action; and (K) Any other cause affecting the responsibility of a person that is of such a serious and compelling nature as may be determined by the commission to warrant debarment, even if such conduct has not been or may not be prosecuted as a violation of any law or contract. (2) Any act by an individual of any of the grounds for debarment stipulated under subsection (1)(A) may be imputed to an affiliate of a person where such conduct was accomplished within the course of the affiliate’s official duty or was effected by the individual with the knowledge or approval of such person. AUTHORITY: section 215.030(5), (12), and (19), RSMo 2000.* Original rule filed Feb. 11, 2010, effective Aug. 30, 2010. *Original authority: 215.030, RSMo 1969, amended 1974, 1982, 1985, 1989, 1993, 1995, 1998.