§ 4.46.100. Sanctions and penalties for non-compliance.

The BAO shall recommend appropriate mechanisms to enforce the provisions of this Program to the Purchasing Agent. Further, the failure of a Bidder or Participant to comply with the requirements of this chapter may be grounds for suspension or debarment by the Purchasing Agent pursuant to the standards set forth in Metropolitan Code of Laws § 4.36.020. Sanctions shall not be imposed unless there is evidence of specific conduct on the part of Participant that is inconsistent with or in direct contravention of the applicable provisions of this Program. In determining appropriate sanctions, the Purchasing Agent shall consider the following factors:

(1)

Whether the failure to comply with applicable requirements involved intentional conduct or, alternatively, may be reasonably concluded to have resulted from a misunderstanding on the part of the Participant of the duties imposed on them by this Program;

(2)

The number of specific incidences of failure by the Participant to comply;

(3)

Whether the Participant has been previously suspended;

(4)

Whether the Participant has failed or refused to provide the BAO with any information required or requested by this Program;

(5)

Whether the Participant has materially misrepresented any applicable facts in any filing or communication to the BAO; and

(6)

Whether the Participant has subsequently restructured or taken other action to cure the deficiencies in meeting applicable requirements.

(Ord. BL2008-161 § 1, 2008)