General Information

(1) How is this chapter written? (a) This chapter uses a “plain language” format to make it easier for the general public and business community to use. The paragraph headings and text, often in the form of questions and answers, must be read together. This chapter is substantially similar to and follows the same format as U.S. Department of Transportation rules governing debarment and suspension of contractors in 49 CFR Part 29. (b) Pronouns used within this chapter, such as “I” and “you,” change from rule to rule depending on the audience being addressed. The pronoun “we” always is the Tennessee Department of Transportation. (2) Do terms in this chapter have special meanings? This chapter uses terms throughout the text that have special meanings. Those terms are defined in Rule 1680-5-1-.02 of this chapter. (3) What does this chapter do? This chapter adopts a system of debarment and suspension for the Department. It also provides for reciprocal exclusion of persons who have been excluded under Federal law or the laws of other states. (4) What is the purpose of the debarment and suspension system? (a) To protect the public interest, the Department ensures the integrity of state programs by conducting business only with responsible persons. (b) The Department uses the debarment and suspension system to exclude from Department programs persons who are not presently responsible. (c) An exclusion is a serious action that may be taken only to protect the public interest. (5) How does an exclusion restrict a person’s involvement in covered transactions? With the exceptions as may be allowed by law, a person who is excluded by the Department or any Federal agency may not: (a) Be a participant in any covered transaction; or CONTRACTOR DEBARMENT AND SUSPENSION CHAPTER 1680-5-1 (b) Act as a principal of a person participating in any covered transaction. (6) May we grant an exception to let an excluded person participate in a covered transaction? (a) The debarring or suspending official may grant an exception permitting an excluded person to participate in a particular covered transaction. If the debarring or suspending official grants an exception, the exception must be in writing and state the reason(s) for deviating from the policy. (b) An exception granted for an excluded person on one covered transaction does not extend to other covered transactions. (c) A debarring or suspending official may grant exceptions and make written determinations under this section. (7) Does an exclusion affect a person’s eligibility for transactions with the Federal government or other states? Yes, as may be determined by the appropriate state or Federal agency. (8) Am I obligated to disclose to the Department information regarding exclusion or circumstances that may constitute cause for debarment? Yes, the Department’s proposals shall require each bidder to state whether or not such bidder or its proposed subcontractors, or any principals of the bidder or its proposed subcontractors— (a) Have been or currently are suspended, debarred or otherwise excluded from transacting business with any federal, state, or other governmental authority; or (b) Have been convicted of or been found liable in a civil judgment for the commission of any of the causes of debarment identified in Rule 1680-5-1-.05, subparagraph (1)(a) and (1)(b) below. (9) How do I know if a person is excluded? Check the Department website and Excluded Parties List System (“EPLS”) to determine whether a person is excluded. The U.S. General Services Administration maintains the EPLS and makes it available, as detailed in 49 CFR Part 29, Subpart E. When a Federal agency takes an action to exclude a person under the nonprocurement or procurement debarment and suspension system, the Federal agency enters the information about the excluded person into the EPLS. (10) What is the intent of this chapter? Department bidding laws, particularly T.C.A. §§ 54-5-117 and 118, along with other State and Federal laws, charge the Commissioner to protect the public trust, funds, and interest by ensuring that the Department transacts business only with responsible contractors. Toward that end, this chapter sets out standards and procedures for the suspension and debarment of irresponsible contractors. The standards are paramount and are intended to ensure that the Department transacts business only with responsible contractors. Pursuant to T.C.A. §§4-5-217 and 219, this chapter sets out formal and informal procedures for suspension and debarment. Since suspension and debarment proceedings are not contested cases pursuant to T.C.A. §4-5-102(3), application of the Uniform Administrative Procedures Act (UAPA), T.C.A. §4-5-101, et seq., and the Uniform Rules of Procedure (URP) is not required by law; nevertheless, this chapter adopts the procedures set out in the UAPA and the URP for use in debarment proceedings at the Department. This procedure is in excess of that which is constitutionally CONTRACTOR DEBARMENT AND SUSPENSION CHAPTER 1680-5-1 required and is not intended to originate any new protected interest. The Commissioner finds that the URP must be modified as set out herein to reflect that a contractor’s protected interest does not rise to the level that would require a contested case hearing and to promote a just, speedy, and inexpensive determination. All proceedings will be conducted by Department personnel. Indeed, these rules shall be construed to secure a just, speedy, and inexpensive determination. Where necessary and appropriate, reference should be made first to the plain language of this chapter in accord with the rules of construction; second, to T.C.A. §§4-3-2303, 4-4-103, and 54-5-117 and the various other State laws governing bidding and contracting with the Department; and third, to the various Federal laws governing bidding and contracting with the Department, including the Federal rules governing suspension and debarment upon which these rules are based.