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This entry was published on 2019-04-19
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Public Authorities (PBA) CHAPTER 43-A, ARTICLE 5, TITLE 11
§ 1279-h. Debarment. The authority shall establish, pursuant to
regulation, a debarment process for contractors of the authority that
prohibits such contractors from bidding on future contracts, after a
debarment determination by such authority, for a period of five years
from such determination. Such regulations must ensure notice and an
opportunity to be heard before such debarment determination and provide
as a defense acts such as force majeure. Such regulations shall only
provide for a debarment in situations involving a contractor's failure
to substantially complete the work within the time frame set forth in
the contract, or in any subsequent change order, by more than ten
percent of the contract term; or where a contractor's disputed work
exceeds ten percent or more of the total contract cost where claimed
costs are deemed to be invalid pursuant by the contractual dispute
resolution process.