12 MAC Pt. 13, R. 8.1

Suspension

Year: 2026Length: 398 wordsOfficial source

Cite as 12 Miss. Admin. Code Pt. 13, R. 8.1

Suspension A. The BOB may, for cause, suspend a person or entity from consideration for the award of contracts by the Department of Finance and Administration. A suspension is effective upon issuance, shall be effective for a period of ninety [90] days, and shall remain in effect during the pendency of any appeal. Suspension may be imposed simultaneous to a debarment proceeding. B. The BOB shall provide written notice of the suspension by U.S. mail to the last known mailing address with delivery notification service and sent via electronic mail. The notice shall state the grounds for the suspension and shall advise that the BOB will not solicit or consider bids from the suspended person during the suspension period. The notice shall further advise that the person may request reconsideration of the suspension by submitting a written response within ten [10] days of receipt of the notice setting forth the basis for the suspension. The response may include supporting documentation. The BOB Director shall affirm or rescind the suspension within ten [10] days after timely receipt of the written response. C. Grounds for suspension include, but are not limited to, the following: 1. Commission of fraud or a criminal offense connected with obtaining, attempting to obtain, or performing a contract or subcontract. 2. Conviction under state or federal law for embezzlement, theft, forgery, bribery, falsification or destruction of records, receipt of stolen property, or any other offense demonstrating a lack of business integrity or honesty. 3. Conviction under state or federal antitrust laws arising from the submission of bids or proposals. 4. Termination for cause of one or more contracts with a governmental entity. 5. Violation of contract provisions, including, but not limited to: a. Failure, without good cause, to perform in accordance with contract specifications or within contract time limits; or b. A recent history of failure to perform or unsatisfactory performance under one or more contracts. 6. Suspension or debarment by another governmental entity for conduct described in this rule. 7. Violation of the ethical standards set forth in Chapter 7. D. A suspension decision is effective immediately upon issuance. The suspension shall apply to the contracting entity and to all officers, directors, principals, members and Owners of 5% or more of the suspended entity unless otherwise stated in the suspension notice. Once effective, the entity or person shall remain suspended until the suspension period expires.