After reasonable notice to the person involved and reasonable
opportunity for that person to be heard, the Director of Purchasing,
after consultation with the County Attorney, is authorized to debar
a person for cause from consideration for award of contracts. The
debarment shall be for a period of not more than three years. After
consultation with the County Attorney, the Director of Purchasing
is authorized to 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. The suspension
shall be for a period not to exceed three years. The causes for debarment
include:
A. Conviction for commission 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 such a contract or subcontract;
B. 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 which currently, seriously, and directly
affects responsibility as a County of Putnam contractor;
C. Conviction under state or federal antitrust statutes arising out
of the submission of bids or proposals;
D. Violation of contract provisions, as set forth below, of a character
which is regarded by the Director of Purchasing to be so serious as
to justify debarment action:
(1)
Deliberate failure, without good cause, to perform in accordance
with the specifications or within the time limit provided in the contract;
or
(2)
A recent record of failure to perform or of unsatisfactory performance
in accordance with the terms of one or more contracts, provided that
failure to perform or unsatisfactory performance caused by acts beyond
the control of the contractor shall not be considered to be a basis
for debarment;
E. Any other cause the Director of Purchasing determines to be so serious
and compelling as to affect responsibility as a County of Putnam contractor,
including debarment by another governmental entity for any cause listed
in this policy; and
F. For violation of the ethical standards set forth in Article
VII (Ethics in Public Contracting).
The Director of Purchasing shall issue a written decision to
debar or suspend. The decision shall state the reasons for action
taken and inform the debarred or suspended person involved of its
rights concerning judicial or administrative review.
A copy of the decision required by §
140-5.2 (Decision to debar or suspend) shall be mailed or otherwise furnished immediately to the debarred or suspended person.
A decision under §
140-5.2 (Decision to debar or suspend) shall be final and conclusive, unless fraudulent, or unless the debarred or suspended person, within 10 days after receipt of the decision, takes an appeal to the County Executive or commences a timely action in court in accordance with applicable law.