0770-02-01-.02
Additional Causes And Conditions Applicable To Determination Of
Cite as Tenn. Comp. R. & Regs. 0770-02-01-.02
DEBARMENT.
In addition to the grounds set out in 0770-2-1 above and subject to the following conditions, THDA may also debar a
person in the public interest for any of the following causes:
(1)
Violation of contract provisions, asset forth below, of a character which is regarded by the Agency to
be so serious as to justify debarment action:
(a)
Willful failure to perform in accordance with the specifications or within the time limit provided
in the contract.
(b)
A record of failure to perform, or of unsatisfactory performance, in accordance with the terms of
one or more contracts: Provided, that such failure or unsatisfactory performance has occurred
within a reasonable period of time preceding the determination to debar. Failure to perform or
unsatisfactory performance which the contractor can show was caused by events beyond its
control which were not reasonably foreseeable shall not be considered to be a basis for
debarment provided that no fault or negligence of the firm or individual was involved.
(c)
Violation of any contractual provision against contingent fees.
(d)
Payment or acceptance of a contingent fee, which is paid in violation of any contractual or
statutory provision against contingent fees.
(e)
Violation of the contractual provision requiring affirmative action to provide equal opportunity
in the participant’s own employment practices.
(2)
Violation of any law, regulation, or procedure relating to the application for financial assistance,
insurance, or guarantee or to the performance of obligations incurred pursuant to a grant of financial
assistance, or conditional or final commitment to insure or guarantee.
UNACCEPTABILITY FOR EMPLOYMENT ON PROJECTS FUNDED BY
CHAPTER 0770-2-1
TENNESSEE HOUSING DEVELOPMENT AGENCY
(3)
Making or procuring to be made any false statement for the purpose of influencing in anyway the action
of THDA.
(4)
Any other cause of such serious compelling nature, affecting responsibility, as maybe determined by
the Board, to warrant debarment.