§990.340. Interim or Emergency Suspension or Modification Pursuant to Section 16 of the Capital Development Board Act

 

a)         CDB may suspend or modify a CM's prequalification without a prior hearing or administrative procedure, as provided in Subpart D, for one or more of the following causes:

 

1)         The public interest, safety or welfare requires suspension or modification.

 

2)         An event or series of events, including, but not limited to:

 

A)        The filing of an indictment or of formal charges by information (complaint) charging the firm or a key person with the firm with a crime.

 

B)        Suspension or modification of a license or prequalification by another State agency, federal agency or other branch of government after hearing or by agreement.

 

C)        Failure to comply with applicable laws.

 

D)        Material breach of a contract, including, but not limited to, one or more of the causes set forth in Section 990.330.

 

E)        Failure to satisfactorily perform work on or breach of a CDB contract, including, but not limited to, one or more of the causes set forth in Section 990.330 when:

 

i)          The issue has been brought to the attention of firm management in writing;

 

ii)         All levels of CDB construction administration have met with firm representatives and discussed the issue;

 

iii)        CDB conveys to the CM what action or nonaction is necessary and in accordance with the contract documents;

 

iv)        The CM willfully and unreasonably refuses to comply or to obtain consultants, personnel, or other resources that would enable it to comply.

 

b)         When prequalification is suspended or modified pursuant to this Section, the CM will be notified in writing and, within 30 days after the notice, CDB will commence administrative procedures under Subpart D.

 

c)         When prequalification is suspended or modified pursuant to subsection  (a)(2)(E), if the CM cures the situation within 30 days after the notice, the suspension or modification will be rescinded by written notice to the CM.  If CDB determines the CM is making substantial progress toward a cure within 30 days after the notice, CDB may extend in writing the 30-day period by up to an additional 60 days.  If the CM cures the situation within the extended time period, the suspension or modification will be rescinded by written notice.  In any case, when suspension or modification is rescinded, it will be removed from the CM's prequalification record.  If the CM fails to cure the situation within 30 days or within the time extension, whichever is applicable, CDB will immediately commence administrative procedures under Subpart D.