§ 29-437. 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 director after consultation with the user department and the unified government attorney, shall have 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 same officer, after consultation with the user department and the unified government attorney, shall have authority to suspend a person from consideration for award of contracts if there is probable cause to believe that the person has engaged in any activity, which might lead to debarment. A suspension shall be renewable for three-month periods pending resolution of any criminal proceeding. The suspension shall not be for a period exceeding three months. The authority to debar or suspend shall be exercised in accordance with regulations promulgated by the unified government administrator.

(b)

Causes for debarment. The causes for debarment include the following:

(1)

Conviction for commission of a criminal offense as an 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 unified 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 forth in this subsection (b)(4) of this section, of a character which is regarded by the purchasing director or the head of a procuring agency to be so serious as to justify debarment action:

a.

Deliberate failure without good cause to perform in accordance with the specifications or within the time limit provided in the contract; or

b.

A recent record of failure to perform or of unsatisfactory performance in accordance with the terms of one or more contracts; provided that failure to perform or unsatisfactory performance caused by acts beyond the control of the contractor shall not be considered to be a basis for debarment;

(5)

Any other cause the purchasing director or the head of a procuring agency determines to be so serious and compelling as to affect responsibility as a unified government contractor, including debarment by another governmental entity for any cause listed in regulations of the unified government administrator; and

(6)

For violation of the ethical standards set forth in article XII of this chapter.

(c)

Decision. The purchasing director or the head of a procuring agency shall issue a written decision to debar or suspend. The decision shall state the reasons for the action taken. A decision to debar or suspend shall be effective unless stayed, or reversed by a court of competent jurisdiction.

(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 party intervening.

(e)

Finality of decision. A decision under subsection (c) of this section shall be exercised in accordance with regulations promulgated by the unified government administrator.

(Ord. No. 64497, § 1(9-102), 6-27-1983)