Grounds for Debarment
San Diego Municipal Code § 22.0807
in effect§22.0807 Grounds for Debarment
(a) Grounds for Permanent Debarment
(1) A judgment, settlement, stipulation, plea agreement, final conviction, including a plea of nolo contendere, or final unappealable civil judgment, of any of the grounds listed below, constitutes grounds for permanent debarment of the bidder or contractor who is subject to, or the affiliate of, the bidder or contractor who is subject to the judgment, settlement, stipulation, plea agreement, final conviction, or final unappealable civil judgment:
(A) under any local, state, or federal law or regulation for embezzlement, theft, bid rigging, perjury, forgery, bribery, falsification or destruction of records, conspiracy, collusion, or receiving stolen property; or,
(B) any offense, action, or inaction indicating a lack of business integrity or business honesty; or,
(C) for commission of a criminal offense arising out of obtaining or attempting to obtain a public or private contract or subcontract, or in the performance of such contract or subcontract.
(2) A Fair Political Practices Commission enforcement order against a bidder or contractor, either following a hearing or by stipulation, imposing a penalty for a violation of California Government Code sections 84300(c) or 84301, or a City of San Diego Ethics Commission enforcement order against a bidder or contractor, either following a hearing or by stipulation, imposing a penalty for a violation of San Diego Municipal Code sections 27.2941, 27.2943, or 27.2944.
(3) The bidder or contractor violated San Diego Charter section 97.
(4) The bidder or contractor has engaged in any corrupt practice in bidding, award, administration, or performance of a contract.
(5) The bidder or contractor operates in a manner designed to evade the application of this Division or to defeat the purpose of this Division.
(6) The City has issued the bidder or contractor four or more final performance evaluations with a rating of unsatisfactory in any four year period.
(7) The person has committed an act or omission so serious or compelling in nature that it affects the present responsibility of the bidder or contractor to be awarded a contract or to participate as a subcontractor.
(b) Grounds for Debarment of Three Years or More
(1) The bidder or contractor willfully breaches a material term of a contract.
(2) Violation of a local, state, or federal law or regulation applicable to a contract other than those identified in section 22.0807(a).
(3) The bidder or contractor used substandard materials, or has failed to furnish or install materials in accordance with contract requirements, even if the discovery of the defect is subsequent to acceptance of the work and expiration of the warranty, if such defect is because of intentionally deficient or grossly negligent performance of the contract.
(4) The bidder or contractor submits materially false information to the City pertaining to:
(A) the City’s evaluation of the bidder or contractor as a Minority Business Enterprise, Woman Business Enterprise, Disadvantaged Business Enterprise, Small Local Business Enterprise, Emerging Local Business Enterprise, or Disabled Veteran Business Enterprise;
(B) the City’s prequalification or eligibility process; or,
(C) the bidder’s or contractor’s statement of gross income submitted under the City’s Minor Public Works Construction Project Program.
(5) The bidder or contractor has not implemented its Equal Employment Opportunity Plan, or taken corrective action after sufficient notice by the City.
(6) The bidder or contractor has engaged in unlawful discrimination in employment.
(7) The bidder or contractor has received three or more final performance evaluations with a rating of unsatisfactory in any three year period.
(8) The bidder or contractor fails to pay prevailing or living wages, or fails to comply with the City of San Diego’s Earned Sick Leave and Minimum Wage Ordinance.
(9) The bidder or contractor violates a material provision of any settlement of a debarment action.
(c) Grounds for Debarment of Two Years
A bidder or contractor may be debarred for two years if a bidder or contractor has received two or more final performance evaluations with a rating of unsatisfactory in any two-year period.
(d) Grounds for Debarment of One Year
(1) The bidder or contractor made two or more claims of computational or other error in a bid to the City within a two-year period.
(2) The bidder or contractor failed to timely submit bond, contract, insurance documents, or any other documentation required as a condition of award or performance of a contract.
(“Effect of Listing” repealed; “Grounds for Debarment” added 9–3–2002 by O-19093 N.S.)
(Amended 1-24-2005 by O-19353.)
(Amended 8-10-2016 by O-20715 N.S.; effective 9-9-2016.)
(Amended 6-4-2020 by O-21193 N.S.; effective 7-4-2020.)
Source: City of San Diego Office of the City Clerk, San Diego Municipal Code and City Charter (docs.sandiego.gov PDFs)URL: https://docs.sandiego.gov/municode/MuniCodeChapter02/Ch02Art02Division08.pdf#page=6Fetched: 10/28/2026