Section 504.04. Treatment of listed contractors.

 

(1)   Effect.

(a) The department may not knowingly solicit bids from, award contracts to, renew an existing contract with, or consent to subcontracts with a debarred or suspended contractor, unless the secretary determines, in writing, that a compelling reason for dealing with the contractor exists.

(b) The department shall not enter a contract with an ineligible contractor and, if applicable, shall exclude ineligible contractors from subcontracts under the conditions and for the period set forth in the applicable statutes, rules, orders or legal authorities. The department may not knowingly solicit bids from, award contracts to, renew an existing contract with, or consent to subcontract with these contractors except in accord with the applicable statutes, rules, orders or legal authorities.

(2)   Review. Prior to any pre-award conference or to any of the procurement actions enumerated in sub. (1) , with respect to a particular bidder, offeror or proposed subcontractor, the department shall review the consolidated list.

(3)   Current contract continuation.

(a) Notwithstanding the listing of a contractor, the department may continue contracts or subcontracts in existence at the time the contractor was debarred or suspended, unless the secretary determines that contract termination is in the public interest.

(b) Contract termination decisions, if any, may be made only after review by and consultation with both department contracting and purchasing personnel and department legal counsel to assure the propriety of the proposed contract termination.

(c) The department shall not renew existing contracts or subcontracts with debarred or suspended contractors, unless the secretary determines and states in writing a compelling reason for the contract renewal or extension.

(4)   Subcontract restrictions. When a debarred or suspended contractor is proposed as a subcontractor for any subcontract subject to department approval, the department may not give approval unless the secretary determines and states in writing a compelling reason for the approval.

History: Cr. Register, December, 1983, No. 336 , eff. 1-1-84.