21 CRR-NY 1004.6NY-CRR
21 CRR-NY 1004.6
21 CRR-NY 1004.6
1004.6 Debarment determination and ratification.
(a) After consideration of the defenses raised by the contractor, and after the hearing is completed, the panel shall make a recommendation as to whether all of the facts and circumstances reasonably justify debarment.
(b) The panel’s determination shall be by majority vote and set forth in writing. If the debarment determination is that the contractor shall be debarred, the panel shall recommend that the term of the contractor’s debarment shall be five years from the date of the ratification of the debarment determination. The panel may, in its discretion, also seek to debar any of the following related entities or individuals:
(1) if the panel finds that the contractor was created as a single or limited purpose entity to execute and perform the contract which is the subject of the debarment hearing; or
(2) if the panel finds a material and knowing causal connection between such entity or individual and the ground for the contractor’s debarment:
(i) the contractor’s parent(s), subsidiaries and affiliates;
(ii) any joint venture (including its individual members) and any other form of partnership (including its individual members) that includes a contractor or a contractor’s parent(s), subsidiaries, or affiliates of a contractor;
(iii) a contractor’s directors, officers, principals, managerial employees, and any person or entity with a 10 percent or more interest in a contractor;
(iv) any legal entity controlled, or 10 percent or more of which is owned or controlled, by a contractor, or by any director, officer, principal, managerial employee of contractor, or by any person or entity with a 10 percent or greater interest in contractor, including without limitation any new entity created after the date of the notice of intent to debar. If the panel seeks to debar any such related entity or individual, it shall issue a written notice of intent to debar to each such entity or individual and provide each a reasonable opportunity to be heard on the issue of whether they had a material and knowing causal connection to the conduct and circumstances underlying the contractor’s debarment.
(c) The panel’s determination to debar any contractor and any related entity or individual shall be timely submitted to the board of the authority for ratification. The board of the authority shall review such determination and either:
(1) ratify the determination; or
(2) remit the determination to the panel for further consideration of facts or circumstances identified in the remission. The facts or circumstances identified in the remission shall be reviewed by the panel who shall then, after reconsideration, make a determination. Such determination shall then be resubmitted to the authority board for ratification or nullification. Upon initial authority board ratification of a panel determination, or authority board ratification or nullification of a panel determination made after reconsideration, such determination shall be deemed final.
(d) Timely and complete compliance with each and all of the requirements of this Part shall be a precondition to any legal challenge that the contractor or any related entity or individual may be permitted to bring arising out of its debarment pursuant to section 1279-h of the Public Authorities Law.
(e) Pursuant to Executive Order No. 192, the authority shall notify the New York State Office of General Services of any final debarment determination within five days of the date it is ratified by the Board of the Authority.
21 CRR-NY 1004.6
Current through July 15, 2021
| End of Document |