| (H) violation of the provision relating to offering, conferring, or agreeing to confer gifts and benefits to department employees as set forth in §27.8 of this subchapter; or (I) any other grounds described in §9.106(a) of this title (relating to Contractor Sanctions) exist. (2) Sanction levels. The executive director will determine the level of sanction appropriate for the circumstances under consideration. (A) Level 1. Reprimand. After four reprimands in one calendar year, any subsequent act or omission committed by the private entity will result in the imposition of a more severe sanction. (B) Level 2. Prohibition against the private entity's participation in a particular procurement. (C) Level 3. Debarment of the private entity for a period of no more than 36 months. (D) Level 4. Permanent debarment of the private entity. (3) Exception. Debarment under paragraph (2)(D) of this subsection may not be for more than the period of debarment established by the state or federal agency on whose actions the debarment is based. (4) Use of sanction information. Information pertaining to any sanction(s) imposed against a private entity may be considered by the department during the evaluation of qualification submittals and other proposals submitted by the private entity during a procurement process. Use of this information is limited to sanction action(s) which occurred within 10 years of the date the qualification submittal or other proposal is received by the department. |
