§ La. R.S. 18:1367.3(untitled)

Authority to debar or suspend
A. Applicability. This Section applies to a debarment, as defined in R.S. 39:1556, for cause from
consideration for award of contracts or a suspension from such consideration during an investigation where
there is probable cause for such a debarment.
B. Authority. After reasonable notice to the person involved and reasonable opportunity for that
person to be heard, the chief procurement officer shall have authority to suspend or debar a person for cause
from consideration for award of contracts, provided that doing so is in the best interests of the state. The
causes for debarment are set forth in Subsection C of this Section. The chief procurement officer may
suspend a person from consideration for award of contracts if he determines that there is probable cause to
believe that such person has engaged in any activity which might lead to debarment. The suspension shall
not be for a period exceeding six months. The authority to debar or suspend shall be exercised in accordance
with regulations as provided in R.S. 39:1673(B).
C. Causes for debarment. The causes for debarment include the following:
(1) Conviction for commission of a criminal offense as an incident to obtaining or attempting to
obtain a public or private contract or subcontract, or in the performance of such contract or subcontract.
(2) Conviction under state or federal statutes of embezzlement, theft, forgery, bribery, falsification
or destruction of records, receiving stolen property, or any other offense indicating a lack of business
integrity or business honesty which currently, seriously, and directly affects responsibility as a contractor.
(3) Conviction under state or federal antitrust statutes arising out of the submission of bids or
proposals.
(4) Violation of contract provisions, as set forth below, of a character which is regarded by the chief
procurement officer to be so serious as to justify debarment action:
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R.S. 18:1367.4
(a) Deliberate failure without good cause to perform in accordance with the specifications or within
the time limit provided in the contract.
(b) A recent record of failure to perform or of unsatisfactory performance in accordance with the
terms of one or more contracts; provided that failure to perform or unsatisfactory performance caused by acts
beyond the control of the contractor shall not be considered to be a basis for debarment.
(5) Any other cause the chief procurement officer determines to be so serious and compelling as to
affect responsibility as a state contractor, including debarment by another governmental entity for any cause
listed in regulations.
(6) Violation of the ethical standards set forth in Chapter 15 of Title 42 of the Louisiana Revised
Statutes of 1950.
D. Decision. The chief procurement officer shall issue a written decision to debar or suspend. The
decision shall:
(1) State the reasons for the action taken.
(2) Inform the debarred or suspended person involved of its rights to administrative and judicial
review as provided in this Subpart.
E. Notice of decision. A copy of the decision under Subsection D of this Section shall be mailed
or otherwise furnished immediately to the debarred or suspended person and any other party intervening.
F. Finality of decision. A decision under Subsection D of this Section shall be final and conclusive
unless one of the following applies:
(1) The decision is fraudulent.
(2) The debarred or suspended person has timely appealed administratively to the commissioner in
accordance with R.S. 18:1367.7.