Sec. 18.1-10. Debarment.
The procurement administrator, 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 showing non-responsibility; the ability and willingness of the contractor to promptly correct them; any mitigating factors; and the public interest should be considered in making any debarment decision.
(a) Causes for debarment. The procurement administrator may debar a prospective contractor for any of the causes listed in paragraphs (1) through (3) following:
(1) Conviction of or civil judgment of the contractor or any of its principals within the last five years 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;
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 contractor's present responsibility.
(b) The procurement administrator shall establish procedures for the prompt reporting, investigation and referral of matters relating to potential contractors who should be considered for debarment appropriate for the city manager’s and city attorney's consideration.
(c) Procedures for debarment. The following procedures governing the debarment decision-making process are designed to be as informal as practicable, consistent with principles of fundamental fairness:
(1) Debarment shall be initiated by the procurement administrator, after coordinating with the city manager and city attorney, notifying the prospective contractor by certified mail, return receipt requested, that debarment is being considered. This notice shall include:
a. The reasons for the proposed debarment in terms sufficient to put the contractor on notice of the circumstances upon which it is based;
b. The procedures the contractor may take to examine evidence the city has supporting the proposed debarment;
c. The procedures the contractor may take to oppose the proposed disbarment; and
d. The potential effect of the proposed debarment.
(2) Debarment shall be for a period commensurate with the seriousness of the cause.
(3) The prospective contractor may submit to the procurement administrator, within thirty (30) days after receipt of notice, written information and argument to the proposed debarment, including any additional specific information that raises a genuine dispute over a material fact. The prospective contractor may request a hearing in person, with counsel present, before the city manager and city attorney.
(4) The city manager, after conferring with the city attorney, may, in his discretion, grant or deny a hearing in person with the contractor and the contractor's attorney and take such other action on the debarment as the evidence and circumstances warrant.
(d) The city manager may, after conferring with the city attorney, temporarily suspend from consideration for award of any city contract a potential contractor whom the city notifies that it is considering for debarment if the public interest so requires. In such cases, the city manager should give expedited consideration to the debarment so as to afford the contractor as prompt a consideration of its case as is reasonably practicable. (Ord. of 12-13-05, Ord. No. O-05-161)
Last updated date: 10/23/2006 4:15:21 PM