§ 2-126. Debarment and reinstatement.

(a)

Notice. The purchasing director shall issue a written decision to debar. The decision shall state the reasons for the action taken, the period the debarment shall be in effect, and inform the debarred person or entity of any right it may have to administrative review of the decision.

(b)

Reinstatement. After debarment, a person may not contract with the county until reinstated by the purchasing director. The person or entity must supply information and reasonable documentation indicating that the conditions causing the debarment have been rectified. As a condition of reinstatement, the purchasing director may limit the nature and scope of contractual undertakings that must be satisfactorily completed before seeking additional contracts from the county. The purchasing director's reinstatement determination shall be in writing and shall inform the debarred person or entity of the right to seek judicial or administrative review. Nothing herein prevents the purchasing director from granting reinstatement prior to the initial debarment period where, in the purchasing director's judgment, the county's interests have been addressed and the person or entity to be reinstated is not likely to engage in similar conduct again. A copy of any debarment decision or any reinstatement decision shall be sent via certified mail to the debarred or reinstated person or entity.

(c)

Finality of decision. A decision to debar shall be final and conclusive unless the debarred person or entity appeals to the county administrator, in writing, no later than 5:00 p.m., on the fifth business day after receiving the purchasing director's decision to debar.

(1)

An appeal is considered filed when the county administrator's office receives it. Accordingly, a protest is not timely filed unless it is received within the time specified above. Failure to file a written appeal within the time period specified shall constitute a waiver of the right to appeal and result in relinquishment of all rights to appeal by the person or entity.

(2)

If the county administrator determines that the purchasing director's decision to debar is in violation of applicable law, policies or procedures, the county administrator shall overturn the purchasing director's decision to debar, reinstate the person or entity and cause the purchasing director to notify the same in writing no later than 5:00 p.m. on the fifth full business day after receipt of the written appeal. If the county administrator concurs with the purchasing director's decision to debar, the county administrator shall cause the purchasing director to notify the debarred person or entity of the affirmation in writing.

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