When for any reason collusion or other anticompetitive practices are suspected among any bidder or offerors, a notice of the relevant facts shall be transmitted to the County Attorney.
(1) Authority. After reasonable notice to the person involved and reasonable opportunity for that person to be heard, the Procurement Director, after consultation with the County Attorney, shall have authority to debar a person or firm for cause from consideration for award of contracts. The Procurement Director, after consultation with County Attorney, shall also have the authority to suspend a person or firm from consideration for award of contracts if there is probable cause to believe that the person or firm has engaged in any activity which might lead to debarment. The period of debarment or suspension shall be as prescribed as appropriate by the Procurement Director.
(2) Causes for Debarment or Suspension. The causes for debarment or suspension shall include, but not be limited to, the following:
(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;
(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 currently, seriously, or directly affects responsibility as a County contractor;
(c) Conviction under State or Federal antitrust statues arising out of the submission of bids or proposals;
(d) Violation of contract provisions, as set forth below, of a character which is regarded by the Procurement Director to be so serious as to justify debarment action:
(i) deliberate failure without good cause to perform in accordance with the Specifications or within the time limit provided in the contract; or
(ii) a recent record of failure to perform or of unsatisfactory performance in accordance with the terms of 1 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.
(e) Any other cause the Procurement Director determines to be so serious and compelling as to affect responsibility as a County contractor, including debarment by another governmental entity for cause.
(f) For violation of the ethical standards set forth in S.C. Code, Title 8, Chapter 13.
(3) Decision. The Procurement Director shall issue a written decision to debar or suspend. The decision shall:
(a) State the reasons for the action taken; and
(b) Inform the debarred or suspended person involved of his rights to administrative review as provided in this Article.
(4) Notice of Decision. A copy of the decision under Subsection 3 of this Section shall be mailed or otherwise furnished immediately to the debarred or suspended person and any other intervening party.
(5) Finality of Decision. A decision under Subsection 3 of this Section shall be final and conclusive, unless fraudulent, or the debarred or suspended person appeals administratively to the County Administrator in accordance with this Article. Debarment is not stayed pending appeal.
(Ord. 3704, passed 6-17-2003; Ord. 5051, passed 1-22-2019)