[Amended 5-7-2024 by L.L. No. 6-2024]
After reasonable notice to the person involved and reasonable opportunity for that person to be heard, the Commissioner of General Services, 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 Commissioner of General Services 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 Commissioner of General Services 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 Commissioner of General Services 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).
[Amended 5-7-2024 by L.L. No. 6-2024]
The Commissioner of General Services 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 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.