(1) Public contracts for construction,
repair and public works are to be awarded to the lowest responsive, responsible
Montana department of transportation will debar or suspend contractors which
violate these rules, and will not do business with, or allow prime and
subcontractors to do business with, on department-related projects, persons
debarred or suspended by the federal government, by another state, or by
another agency of Montana state government.
a person commits an act, as defined in these rules, indicating that the person
no longer merits the privilege of contracting with the department or
participating in department projects, the department may begin proceedings
under these rules to debar the person from bidding on or otherwise
participating in department contracts or projects. A person's decision to bid upon or accept contracts with the
department, or otherwise participate in department contracts, is a voluntary
acceptance of the provisions of these rules and their requirements.
under this process, while they are contested and part of the adversarial
process of these rules and subject to their safeguards, are not a
"contested case" under the Montana Administrative Procedure Act, in
accordance with 2-4-102, MCA.
provisions are in addition to other actions that may be taken against a person
(i.e., criminal prosecution, civil actions for false, fraudulent or fictitious
claims or to recover amounts incorrectly paid under such claims, disadvantaged
business enterprise program decertification, etc.) , and do not prevent other
actions or sanctions from being taken, where considered appropriate.