§ 2-125. Authority to debar.

The purchasing director shall be authorized to debar a person or entity for cause from consideration for award of contracts. The debarment shall be for a period of not more than five years from the date of the purchasing director's discovery of the most recent incident giving rise to the debarment. Debarment may be as to all contracting opportunities, or may be only as to certain types or sizes of projects or contracts, or it may be directed only to one or more distinct operating divisions or units of the suspended or debarred person or entity depending on the cause(s) and severity of the reason(s) for debarment at the sole discretion of the purchasing director so as to protect the county and maintain the integrity of the procurement process. The causes for debarment shall 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, or a civil or criminal final judgment of violation of state or federal whistleblower laws;

(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 would currently, seriously, directly and reasonably affect responsibility as a contractor for the county;

(c)

Conviction under state or federal antitrust statutes arising out of the submission of bids or proposals;

(d)

Misrepresentation in a submittal or response, violation of contract provisions, or any other cause which is regarded by the purchasing director to be so serious and compelling as to affect responsibility of the contractor, which reasonably justifies debarment action; including, but not limited to, debarment by another government entity for any cause listed in this division or applicable law;

(e)

Deliberate failure, without good cause, to perform in accordance with the specifications, budget, offered prices or within the time limit provided in the contract;

(f)

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; or

(g)

A documented history of significant deviation from contract specifications, engineering standards, design or material requirements or safety regulations, where such history has been reasonably communicated to the contractor by the county; and the contractor thereafter continues to engage in such deviations.

(Ord. No. 15-26, § 2, 12-15-15; Ord. No. 18-16, § 15, 6-5-18)