Trans 504.04(1)(a)(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.

Trans 504.04(1)(b)(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.

Trans 504.04(2)(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.

Trans 504.04(3)(a)(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.

Trans 504.04(3)(b)(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.

Trans 504.04(3)(c)(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.

Trans 504.04(4)(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.

Trans 504.05(1)(a)(a) The department may, in the public interest, debar a contractor for any of the causes contained in sub. (2), using the procedures in sub. (3). The existence of a cause for debarment as specified in sub. (2), however, shall not necessarily require that a contractor be debarred; the seriousness of any contractor’s acts or omissions and any mitigating factors shall be considered in making any debarment decision.

Trans 504.05(1)(b)(b) Debarment of a contractor constitutes debarment of all divisions or other organizational elements of the debarred contractor, unless the debarment is explicitly limited to specific divisions, organizational elements or commodities.

Trans 504.05(1)(c)(c) The department may extend the debarment to include any affiliates of a debarred contractor, if the affiliates are specifically named and are given written notice of the proposed debarment and an opportunity to respond pursuant to sub. (4).

Trans 504.05(1)(d)(d) When no suspension is in effect pursuant to s. Trans 504.06 at the time the department contemplates debarment of a contractor, no contracts shall be awarded to, and no subcontracts shall be approved for, the contractor, pending a debarment decision by the department.

Trans 504.05(2)(2) Causes for debarment. The secretary may debar a contractor for any one or more of the following causes:

Trans 504.05(2)(a)(a) Conviction, civil judgment or admission of:

Trans 504.05(2)(a)1.1. Fraud, collusion or any criminal offense in connection with obtaining, attempting to obtain or performing a public contract or subcontract;

Trans 504.05(2)(a)2.2. Violation of any federal or state antitrust statute relating to the submission of bids or proposals;

Trans 504.05(2)(a)3.3. Embezzlement, theft, forgery, bribery, falsification or destruction of records, making false statements, receiving stolen property or obstruction of justice; or

Trans 504.05(2)(a)4.4. Any other offense indicating a lack of business integrity or of business honesty which offense seriously and directly affects the responsibility of the contractor or subcontractor.

Trans 504.05(2)(b)(b) Violation of the terms of any government contract or subcontract when that violation is so serious as to justify debarment, including:

Trans 504.05(2)(b)2.2. A history of failure to perform or of unsatisfactory performance of one or more contracts.

Trans 504.05(2)(c)(c) Any other cause that is so serious or compelling that it affects the responsibility of a contractor or subcontractor.

Trans 504.05(2)(d)(d) Debarment for any of the above causes listed in pars. (a) through (c) by another state or federal entity.

Trans 504.05(3)(a)(a) Referral. Department employees and all other persons having information appropriate for department consideration under this section shall promptly report that information to the secretary.