Noncompliance of contractor.
Houston Code of Ordinances § 15-22
in effectSec. 15-22. - Noncompliance of contractor.
In the event that a contract administrator encounters an instance of noncompliance with this chapter, the following procedure will be followed:
(1) Where deficiencies are found to exist in a contractor's wage, hiring, and employment practices, the contract administrator shall issue, in writing, a notice of noncompliance to such contractor, giving that contractor 14 days after receipt of such notice to show cause why the imposition of sanctions should not be instituted. The notice, which shall be served upon the contractor by certified United States mail, return receipt requested, or by commercial carrier that provides written confirmation of delivery, shall set forth:
a. The specific basis and reason, action or failure to act, and all other relevant data, which caused the noncompliance finding;
b. The specific statutes, regulations, and/or ordinances with which the contractor is not complying;
c. The date of the compliance review;
d. A specific date by which the compliance must be achieved by the contractor;
e. The action to be taken by the city for continued noncompliance;
f. The time and place of any informal conciliation conference between the contractor and the contract administrator; and
g. The specific documents, records, or other relevant information concerning the contractor's compliance status requested by the contract administrator.
(2) If, within this 14-day time period, the contractor is unable to show good cause for his failure to resolve deficiencies, the contract administrator shall issue a notice of proposed recommendation of sanctions to the contractor and to the commission. The notice, which shall be served as set forth in item (1), shall set forth:
a. A short and plain statement of the matters that constitute the basis for the imposition of sanctions;
b. A citation of the provisions of the executive order, regulations, or ordinances pursuant to which the requested action may be taken;
c. The date of the compliance review;
d. The date of the informal conciliation conference between the contractor and the contract administrator;
e. The specific documents, records, and other relevant information concerning the contractor's compliance status requested by the contract administrator; and
f. An enumeration of the sanctions being requested.
(3) The contractor shall be afforded 14 days from receipt of a notice of proposed recommendation of sanctions to file an answer and to make a request for a hearing with the commission.
(4) If a hearing is requested within the specified time limit, a hearing shall be provided for the contractor, vendor, or supplier as set forth in this procedure.
(5) If, at the end of the 14-day period, no answer including a hearing request has been made, in writing, the contractor shall be deemed to have waived the right of a hearing, and shall be deemed to have consented to the making of a decision by the commission on the basis of such information as is available.
(6) In the event the address of the contractor is unknown or that notice which has been mailed is returned undelivered, service upon any employee or agent at the contract site shall be deemed service upon the contractor.
(7) Any decision of the commission shall be submitted to the chief procurement officer at the same time the decision is sent to the contractor.
(Ord. No. 2013-428, § 10(Exh. A), 5-8-2013, eff. 7-1-2013; Ord. No. 2015-668, § 3(Exh. A), 7-8-2015)
Source: City of Houston, Code of Ordinances and City Charter (Municode Library, library.municode.com)URL: https://library.municode.com/tx/houston/codes/code_of_ordinances?nodeId=COOR_CH15CO_ARTIIANSCPRCO_S15-22NOCOFetched: 10/26/2026