§ 4.36.020. Authority to debar or suspend.

A.

Authority. After reasonable notice to the person involved and reasonable opportunity for that person to be heard, the purchasing agent, after consultation with the using agency and the director of law, shall have the authority to debar a person for cause from consideration for award of contracts. The debarment shall not be for a period of more than three years. The purchasing agent, after consulting with the using agency and the director of law, shall have the authority to suspend a person from consideration for award of contracts for up to three months if there is probable cause for debarment. The authority to debar or suspend shall be exercised in accordance with regulations promulgated by the standards committee.

B.

Causes for Debarment or Suspension. The causes for debarment or suspension include, but are not limited to, the following:

1.

Conviction of commission of a criminal offense as incident to obtaining or attempting to obtain a public or private contract or subcontract, or in the performance of such contract or subcontract;

2.

Conviction under state or federal statutes of embezzlement, theft, forgery, bribery, falsification or destruction of records, receiving stolen property or any other offense indicating a lack of business integrity or business honesty which currently, seriously, and directly affects responsibility as a metropolitan government contractor;

3.

Conviction under state or federal antitrust statutes arising out of the submission of bids or proposals;

4.

Violation of contract provisions, as set out in regulation of the standards board, of a character which is regarded by the purchasing agent to be so serious as to justify debarment actions;

5.

Violation of the ethical standards set forth in Chapter 4.48, ethics in public contracting.

6.

Any other cause the purchasing agent determines to be so serious and compelling as to affect responsibility as a metropolitan government contractor, including debarment by another governmental entity.

C.

Decision. The purchasing agent shall issue a written decision to debar or suspend. The decision shall:

1.

State the reasons for the action taken; and

2.

Inform the debarred or suspended person involved of its rights to administrative review as provided in this chapter.

D.

Notice of Decision. A copy of the decision under subsection C of this section shall be mailed or otherwise furnished immediately to the debarred or suspended person and any other interested party.

E.

Finality of Decision. A decision under subsection C of this section shall be final and conclusive, unless the debarred or suspended person appeals administratively to the procurement appeals board in accordance with Section 4.36.120, suspension or debarment proceedings.

(Ord. 92-210 § 1 (9-102), 1992)