Sec. 126.902. - Contractor suspension debarment.
(a) Chief's discretion and recommendation. The Chief shall have the discretion to recommend the suspension or debarment or removal of a contractor and/or supplier as provided herein, who:
(i) Is more than 60 calendar days in default or breach of a contract with the City;
(ii) Has failed to perform or has unsatisfactorily performed the terms and conditions of one or more contracts with the City, which failure to perform or unsatisfactory performance was the result of circumstances within the contractor or supplier's control;
(iii) May be precluded from contracting with the City under this Chapter;
(iv) Has failed to abide by the federal, state and local prompt payment requirements or contractual terms and conditions regarding the same;
(v) Has failed to abide by or honor commitments made pursuant to Part 6 regarding the JSEB Program;
(vi) Has violated any federal, state, or local laws, including this Chapter;
(vii) Has engaged in conduct prohibited hereunder or that is a serious threat to the integrity of the public procurement and contracting process, as determined by the Chief;
(viii) Has violated the ethics provisions under this Chapter; or
(ix) Has been debarred by another government entity.
A debarment under this Section shall not be for a period of more than three years, and a suspension under this Section shall not be for a period of more than six months. The authority to debar or suspend shall be exercised in accordance with regulations promulgated by the Chief.
No contractor or supplier shall be entitled to do business with the City unless and until it shall have remedied any underlying default and/or breach to the satisfaction of the Chief and using agency. Repeated or recurring violations under this Section shall be sufficient reason for the Chief to remove the contractor's name permanently from the bidders' list, subject to review by the JPAC and approval by the Mayor.
(b) Notice of suspension or debarment. Upon reaching a decision to suspend or debar a contractor or supplier, the Chief shall provide said contractor or supplier with a written notice of suspension or debarment via certified mail, return receipt requested, and via U.S. Mail or facsimile, stating the reason for and the proposed period of suspension or debarment (for less egregious violations, as determined by the Chief, a period of probation may be proposed, any violations during which period will subject the contractor or supplier to debarment of no less than three years). As part of the notice of suspension or debarment, the Chief shall advise the contractor or supplier that, if, within ten calendar days after the date of the notice, it fails to provide the Chief with a written Notice of Protest that states, in detail, the grounds on which the protest is based, then the action contained in the notice of suspension or debarment shall become final without further notice, and shall represent final administrative action.
(c) Protest. If, in response to a Notice of Suspension or Debarment, a contractor or supplier timely provides a written Notice of Protest, the Chief shall schedule a hearing before the JPAC within a reasonable period after receiving the Notice of Protest. Within a reasonable time, after hearing the protest and considering the evidence and/or statements presented, JPAC shall issue its findings and recommendation regarding the action proposed by the Chief. JPAC's recommendation shall become final and shall represent final administrative action.
(d) Determination. The determination as to whether a contractor or supplier is in violation hereunder and whether the violation is within the contractor or supplier's control shall be made by the Chief. To aid in this duty, an appropriate executive officer of each using agency must inform the Chief whenever a contractor or supplier is in violation hereunder, regardless of the reason therefor, and provide a statement of the circumstances surrounding the violation. Nothing herein removes the protest process set forth in this Chapter.
(Ord. 2023-20-E, § 3)
