3.24.230: SUSPENSION OR DEBARMENT:
A. 1. Subject to subsection A2 of this section, a procurement official may:
a. Debar a person for cause from consideration for award of contracts for a period of not more than six (6) years; or
b. Suspend a person from consideration for award of contracts if there is probable cause to believe that the person has engaged in any activity that might lead to debarment.
2. Before debarring or suspending a person under subsection A1 of this section, the procurement official shall:
a. Consult with:
(1) The department involved in the matter for which debarment or suspension is sought; and
(2) The city attorney's office;
b. Give the person at least ten (10) calendar days' prior written notice of:
(1) The reasons for which debarment or suspension is being considered; and
(2) The hearing under subsection A2c of this section; and
c. Hold a hearing in accordance with subsection A3 of this section.
3. a. At a hearing under subsection A2c of this section, the procurement official may:
(1) Hear witness testimony;
(2) Review documents and other records;
(3) Obtain additional factual information; and
(4) Obtain testimony from experts, the person who is the subject of the proposed debarment or suspension, representatives of the procurement unit, or others with pertinent information to assist the procurement official to make a decision on the proposed debarment or suspension.
b. The Utah rules of evidence do not apply to a hearing under subsection A2c of this section.
c. The procurement official shall:
(1) Record a hearing under subsection A2c of this section;
(2) Preserve all records and other evidence relied upon in reaching a decision until the decision becomes final;
(3) For an appeal of a debarment or suspension, submit to the Utah procurement policy board chair a copy of the written decision and all records and other evidence relied upon in reaching the decision, within seven (7) business days after receiving a notice that an appeal of a debarment or suspension has been filed with the Utah state procurement policy board under part 17 of Utah code chapter 63G-6a, or its successor provisions, or after receiving a request from the Utah state procurement policy board chair.
d. The holding of a hearing under subsection A2c of this section or the issuing of a decision under subsection A3e of this section does not affect a person's right to later question or challenge the jurisdiction of the procurement official to hold a hearing or issue a decision.
e. The procurement official shall:
(1) Promptly issue a written decision regarding a proposed debarment or suspension, unless the matter is settled by mutual agreement; and
(2) Mail, e-mail, or otherwise immediately furnish a copy of the decision to the person who is the subject of the decision.
f. A written decision under subsection A3e of this section shall:
(1) State the reasons for the debarment or suspension, if debarment or suspension is ordered;
(2) Inform the person who is debarred or suspended of the right to judicial or administrative review provided under the Utah procurement code provisions adopted under section 3.24.210 of this chapter; and
(3) Indicate the amount of the security deposit or bond required for appeal to the Utah state procurement policy board pursuant to the Utah procurement code provisions adopted under section 3.24.210 of this chapter, and describe how that amount was calculated.
g. (1) A decision of debarment or suspension issued by a procurement official is final and conclusive unless the person who is debarred or suspended files an appeal of the decision pursuant to the Utah procurement code provisions adopted under section 3.24.210 of this chapter.
B. A suspension under this section may not be for a period exceeding three (3) months, unless an indictment has been issued for an offense that would be a cause for debarment under subsection C of this section, in which case the suspension shall, at the request of the city attorney's office, remain in effect until after the trial of the suspended person.
C. The causes for debarment include the following:
1. Conviction 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 a public or private 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 that currently, seriously, and directly affects responsibility as a contractor for the city;
3. Conviction under state or federal antitrust statutes;
4. Failure without good cause to perform in accordance with the terms of the contract;
5. A violation of this chapter; or
6. Any other cause that the procurement official determines to be so serious and compelling as to affect responsibility as a contractor for the city, including debarment by another governmental entity.
D. A person who is debarred or suspended under this section may appeal the debarment or suspension in accordance with the Utah procurement code provisions adopted under section 3.24.210 of this chapter.
E. A procurement official may consider a cause for debarment under subsection C of this section as the basis for determining that a person responding to a solicitation is not responsible:
1. Independent of any effort or proceeding under this section to debar or suspend the person; and
2. Even if the city does not choose to seek debarment or suspension.
F. The mayor, or the mayor's designee, may adopt rules to implement the provisions of this section provided that such rules are consistent with the provisions adopted or otherwise set forth in this chapter. (Ord. 57-16, 2016)
