The causes or grounds for debarment, as authorized by §
16-54, 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 contract or
subcontract.
B. Conviction under state and 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 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 County 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 County determines to be so serious
and compelling as to affect responsibility as a County contractor,
including debarment by another governmental entity for any cause and
violation of the ethical standards set forth in this policy.
The County shall issue a written decision to
debar or suspend pursuant to this article. The decision shall state
the reasons for the action taken and inform the debarred or suspended
person involved of his rights concerning judicial or administrative
review.
A copy of the decision required by §
16-56 shall be mailed or otherwise furnished immediately to the debarred or suspended person.
A decision to debar or suspend made pursuant
to this article shall be final and conclusive, unless the debarred
or suspended person, within 10 days after receipt of the decision,
takes an appeal to the County or commences a timely action in court
in accordance with applicable law.