(a) An Applicable Department may request a waiver from the FEWB on behalf of a person or entity with an Adverse Determination that places the person or entity on the Adverse Determination List. The FEWB may grant the waiver if the Applicable Department demonstrates that the inability of the Applicable Department to contract with that person or entity would result in serious disruption to the efficient and orderly operations of the City or the person or entity is a sole source provider of goods or services that are necessary for the efficient and orderly operations of the City.
(b) A person or entity may request a waiver from the FEWB of an Adverse Determination that places that person or entity on the Adverse Determination List. The request shall be in writing and shall include one or more of the following reasons for granting the waiver:
(1) that there has been a bona fide change in ownership of the person or entity since the Adverse Determination;
(2) the person or entity has taken significant and verifiable actions to prevent any future Adverse Determinations and has complied with the requirements of the final adjudication, final action, or final determination placing that person or entity on the Adverse Determination List, including the payment of required back pay, interest penalties and fines; and
(3) any other information the person or entity deems relevant to granting the waiver, or that the FEWB wishes to consider.
(c) The FEWB may grant a waiver under division (b) of this section by removing the person or entity from the Adverse Determination List, reducing the time period a person or entity is on the Adverse Determination List, or allowing the person or entity a one-time waiver to enter into a Contract, Subcontract or to apply for Assistance.
(d) A majority vote of the FEWB is required to grant a waiver under this section.
(Ord. No. 892-2022. Passed 12-5-22, eff. 12-7-22)