Sec. 18-157. Debarment.
The director of public works, in the case of construction projects, and the budget and procurement administrator, in all other matters, may, in the public interest, debar a prospective contractor for any of the causes in subsection (a). using the procedures in subsection (c). The existence of a cause for debarment under subsection (a), however, does not necessarily require that the contractor be debarred; the seriousness of the contractor's acts or omissions and any mitigating factors should be considered in making any debarment decision.
(a) Causes for debarment. The appropriate administrator/director may debar a prospective contractor for any of the causes listed in paragraphs (1) through (3) following:
(1) Conviction of or civil judgment for:
a. commission of fraud or a criminal offense in connection with (i) obtaining, (ii) attempting to obtain, or (iii) performing a public contract or subcontract;
b. violation of federal or state antitrust statutes relating to the submission of offers;
c. commission of embezzlement, theft, forgery, bribery, falsification or destruction of records, making false statements or receiving stolen property; or
d. commission of any other offense indicating a lack of business integrity or business honesty that seriously and directly affects the present responsibility of a government contractor or subcontractor.
(2) Violation of the terms of a government contract or subcontract so serious as to justify debarment, such as:
a. willful failure to perform in accordance with the terms of one or more contracts; or
b. a history of failure to perform, or of unsatisfactory performance of, one (1) or more contracts.
(3) Any other cause of so serious or compelling a nature that it affects the present responsibility of a government contractor or subcontractor.
(b) The budget and procurement administrator and the director of public works shall establish procedures for the prompt reporting, investigation and referral of matters appropriate for their consideration.
(c) Procedures for debarment. The following procedures governing the debarment decisionmaking process are designed to be as informal as practicable, consistent with principles of fundamental fairness:
(1) Debarment shall be initiated by advising the prospective contractor and any specifically named affiliate, by certified mail, return receipt requested, that debarment is being considered. Said notice shall include:
a. The reasons for the proposed debarment in terms sufficient to put the contractor on notice of the conduct or transaction upon which it is based;
b. The causes relied upon under subsection (a); and
c. The potential effect of the proposed debarment.
(2) Debarment shall be a period commensurate with the seriousness of the cause.
(3) The prospective contractor may submit within thirty (30) days after receipt of notice, in person, in writing, or through a representative, information and argument to the proposed debarment, including any additional specific information that raises a genuine dispute over the material fact.
(4) The appropriate administrator/director shall render a written decision within fifteen (15) days of the receipt of information and argument in opposition to the proposed debarment.
(5) The decision of the administrator/director shall be final unless the prospective contractor appeals within thirty (30) days of receipt by invoking administrative procedures provided for by this ordinance, or in the alternative by instituting legal action as provided in the act.
(6) No contract shall be awarded to the contractor pending a debarment decision. (Ord. No. O-82-262, § 1, 12-14-82; Ord. No. O-85-002, § 1, 1-8-85; Ord. No. O-91-224, 9-10-91, eff. 10-1-91)
Last updated date: 10/23/2006 4:15:21 PM