Trans 504.01(1)(1)Scope of chapter. This chapter:
Trans 504.01(1)(a)(a) Prescribes certain policies and procedures governing the debarment and suspension of contractors from contracts involving the Wisconsin department of transportation.
Trans 504.01(1)(b)(b) Provides for the listing of debarred contractors, of suspended contractors and of contractors declared ineligible for department contracts.
Trans 504.01(1)(c)(c) Sets forth the treatment accorded contractors listed as debarred, suspended, or ineligible.
Trans 504.01(2)(2)Policy.
Trans 504.01(2)(a)(a) The department shall solicit bids from, award contracts to and approve subcontracts with only responsible business concerns and individuals. Debarment and suspension are appropriate means to effectuate this policy.
Trans 504.01(2)(b)(b) Debarment and suspension are serious actions imposed only to protect the public interest, not for punishment.
Trans 504.01 HistoryHistory: Cr. Register, December, 1983, No. 336, eff. 1-1-84.
Trans 504.02Trans 504.02Definitions. In this chapter:
Trans 504.02(1)(1)“Adequate evidence” means information sufficient to support a reasonable belief that a particular act or omission has occurred.
Trans 504.02(2)(2)“Affiliates” means business concerns or individuals having a relationship whereby one directly or indirectly controls or can control the other or whereby a third business concern or individual directly or indirectly controls or can control the subject business concerns or individuals.
Trans 504.02(3)(3)“Consolidated list” means a list compiled and maintained by the department and containing the names of contractors that have been debarred or suspended under this chapter or that have been declared ineligible under statute, rule, order or legal authority other than this chapter.
Trans 504.02(4)(4)“Contractor” means any individual or any legal entity, including its officers and directors, that submits bids or proposals for or is awarded or may reasonably be expected to submit bids or proposals for or be awarded a department contract. This definition includes any subcontractor of a contractor that conducts business with the department as an agent or representative of a contractor and any individual or legal entity that conducts business with the department as an agent or representative of a contractor.
Trans 504.02(5)(5)“Conviction” means a judgment or conviction of a criminal offense by any court of competent jurisdiction, whether entered upon a verdict or a plea and includes a conviction entered upon nolo contendere plea.
Trans 504.02(6)(6)“Debarment” means action taken by the department under s. Trans 504.05 to exclude a contractor from contracting with the department and from department-approved subcontracting for a specified period. A contractor so excluded is “debarred.”
Trans 504.02(7)(7)“Department” means the Wisconsin department of transportation.
Trans 504.02(8)(8)“Hearing examiner” means a designee of the secretary who is authorized to conduct a fact-finding hearing and to prepare written findings of fact and who may be authorized to issue debarment and suspension decisions pursuant to this chapter.
Trans 504.02(9)(9)“Ineligible” means excluded from contracting with the department and, if appropriate, from department-approved subcontracting, if under statute, rule, order or legal authority other than this chapter.
Trans 504.02 NoteNote: Examples of reasons for ineligibility are wage-rate violations, civil rights violations and deficient progress.
Trans 504.02(10)(10)“Indictment” includes an indictment for a criminal offense, an information or any other filing by a competent authority charging a criminal offense that results in finding probable cause to believe a felony has been committed and in binding the defendant over for trial.
Trans 504.02(11)(11)“Judgment” means a judgment in a civil action by any court of competent jurisdiction.
Trans 504.02(12)(12)“Secretary” means the secretary of the department or an authorized representative or designee.
Trans 504.02(13)(13)“Suspension” means action taken by the department under s. Trans 504.06 to exclude a contractor from contracting with the department or from department-approved subcontracting temporarily pending the completion of an investigation or of a debarment decision-making proceeding. A contractor so excluded is “suspended.”
Trans 504.02 HistoryHistory: Cr. Register, December, 1983, No. 336, eff. 1-1-84.
Trans 504.03Trans 504.03List and records of debarred and suspended contractors.
Trans 504.03(1)(1)List.
Trans 504.03(1)(a)(a) The department shall compile and maintain a current, consolidated list of debarred, suspended and ineligible contractors.
Trans 504.03(1)(b)(b) The department shall use the consolidated list to ensure that it does not solicit offers from, award contracts to, or consent to subcontract with listed contractors, except as otherwise provided in this chapter.
Trans 504.03(2)(2)Records. The department shall maintain records relating to each debarred or suspended contractor. Records shall contain the following: