Penalties for intentional failures to provide evidence of good faith efforts.

Wilmington City Code § 2-539

in effect

Sec. 2-539. - Penalties for intentional failures to provide evidence of good faith efforts. (a) In accordance with and in furtherance of chapter 35, article IV, division 3, any person who or which has, through intentional failure in or disregard of the requirements of chapter 35, article IV, division 3 of providing evidence of good faith efforts to achieve disadvantaged business enterprise participation in any contract for which such person has submitted a bid to the city, the equal opportunity contract compliance review board, either by referral from the division of procurement and records, or on its own initiative, or in response to a specific complaint in writing, may, following the conduct of a hearing and the making of written findings of fact and conclusions of law, issue a decision to disqualify any such person from submitting any bid to the city for any contract whatsoever for such period of time in accordance with the following schedule: (1) A number of instances of from one to three within any one-year period: disqualification for not less than one year from the date of the decision. (2) A number of instances of more than three but less than ten within any three-year period; disqualification for not less than two years from the date of the decision. (3) A number of instances of more than ten within any period of from one to five years; disqualification for from three to five full years from the date of the decision as determined by the contract review board. (b) For purposes of this section, the word "intentional" shall mean a deliberate, or conscious, or knowing failure as distinguished from an accidental, inadvertent, unaware or negligent failure to comply with the requirement of providing evidence of good faith efforts as defined and provided in chapter 35, article IV of this Code. (c) In any case that is to be heard by the board and that the office of equal opportunity contract compliance has initiated or investigated, the member of the board from that office shall not participate as a member of the board in the hearing of any such case, but another employee of the department of commerce not of that office may be designated by the director of commerce to act as a member of the board to hear the case. (Code 1968, § 20-49(d); Ord. No. 92-016, § 1, 3-19-92)

Source: City of Wilmington, Delaware, City Code, City Charter and Related Laws (Municode Library, library.municode.com)URL: https://library.municode.com/de/wilmington/codes/code_of_ordinances?nodeId=PTIIWICO_CH2AD_ARTVIFI_DIV9PRPRRE_SDIIMISTREPRCO_S2-539PEINFAPREVGOFAEFFetched: 11/6/2026