(A) The city may decide not to do business with a vendor if it is not a responsible or responsive vendor as defined in these ordinances.
(B) The city may suspend a vendor from bidding on city procurement upon written determination that probable cause exists for suspension under M.C.A. §§ 18-1-113 and 18-4-241. A notice of suspension, including a copy of the determination, shall be sent to the affected vendor. The notice must state that:
(1) The suspension is for the period it takes to complete an investigation into possible debarment;
(2) Bids or proposals will not be accepted from the suspended vendor during the period of suspension; and
(3) The suspended vendor may request a redetermination.
(4) Suspension is effective upon the notice of suspension and, unless the suspension is terminated by the City Council, it will remain in effect until its expiration date.
(C) The city may debar a vendor from doing business with the city for cause:
(1) Upon written determination that the vendor:
(a) Submitted any false statement or affidavit to the city in a procurement or surplus disposal process;
(b) Engaged in collusion or other unlawful activity in the bidding or contracting process;
(c) Violated the terms of any contract or failed to perform any contract with the city or any other entity or person;
(d) Has been debarred from contracting with any other government entity; or
(e) Any other cause which the city determines to be so serious and compelling as to affect responsibility as a contractor with the city.
(2) The City Administrator shall prepare a written decision regarding debarment and send a copy to the affected vendor. The decision shall: recite the facts relied upon; indicate the term of debarment; indicate the reasons for the action, and to what extent affiliates are affected.
(3) Debarment is effective upon issuance and remains effective until its expiration date unless otherwise terminated.
(D) The City Administrator shall maintain a list of vendors suspended or debarred from doing business with the city. The list shall be available to all city agencies and the public upon request.
(Ord. 173, passed 9-10-2001)