(A) Applicability. This section applies to a debarment for cause from consideration for award of contracts, goods or services or a suspension from such consideration during an investigation where there is probable cause for such debarment.
(B) Authority.
(1) The Mayor, after reasonable notice of debarment to the person or firm involved and reasonable opportunity for that person or firm to be heard and having consulted with the Bids and Purchases Committee and Town Council, shall have the authority to disbar the person or firm for cause from consideration for award of contracts, goods or services; providing that doing so is in the best interest of the town. The debarment shall be for a period as determined by the Mayor, but not more than two years from the date of the debarment.
(2) The Mayor, after reasonable notice of suspension to the person or firm involved and reasonable opportunity for that person or firm to be heard and having consulted with the Bids and Purchases Committee and Town Council, shall have the authority to suspend the person or firm for cause from consideration for award of contracts, goods or services; providing that doing so is in the best interest of the town. The suspension shall be for a period as determined by the Mayor, but not more than 12 months from the date of the debarment.
(C) Cause for debarment or suspension. The causes for debarment or suspension should include, but not be limited to, as follows:
(1) 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;
(2) 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 town contractor, vendor or supplier;
(3) Conviction under state or federal antitrust statutes arising out of the submission of bids, quotes, offers, contracts or proposals;
(4) Violation of contract, bid, proposal or quotation provisions, as set forth below of a character which is regarded by the Mayor to be so serious as to justify debarment action:
(a) Deliberate failure without good cause to perform in accordance with the specifications or within the time limit provided in the contract, bid, proposal, offer or quotation; or
(b) A recent record of failure to perform or of unsatisfactory performance in accordance with the terms of one or more contracts, proposals, offers, bids or quotations; provided that failure to perform or that unsatisfactory performance caused by acts beyond the control of the contractor, supplier or vendor shall not be considered to be a basis for debarment.
(5) Any other cause the Mayor determines to be so serious and compelling as to affect responsibility as a town contractor, supplier or vendor, including debarment by another governmental entity for cause; and
(6) For violation of the ethical standards as set forth in South Carolina Ethics Act, being S.C. Code Title 8, Chapter 13.
(D) Decision. With the advice and consent of the Bids and Purchases Committee, the Mayor shall issue a written decision within 30 days to debar or suspend to the person or firm. The decision shall:
(1) State the reason for the action taken; and
(2) Inform the debarred or suspended person, company or corporation involved of his, her or their rights to a final appeal.
(E) Notice of decision. A copy of the decision under division (D) above shall be sent certified mail or otherwise furnished immediately by hand or fax, to the debarred or suspended person, company or corporation or any other party intervening.
(F) Finality of decision. A decision under division (D) above shall be final and conclusive, unless fraudulent or the debarred or suspended person, company or corporation appeals administratively to the Mayor in accordance with this subchapter.
(Ord. 001-3, passed 3-1-2001)