After reasonable notice to the person involved and reasonable opportunity for that person to be heard, the purchasing agent, after consulting with the Town Solicitor, is authorized to debar a person for cause from consideration for award of contracts. The debarment shall be for a period of not more than three years. After consultation with the Town Solicitor, the purchasing agent is authorized to suspend a person from consideration for award of contracts if there is probable cause to believe that the person has engaged in any activity which might lead to debarment. The suspension shall be for a period not to exceed three months. The causes for debarment include:
(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 and directly affects responsibility as a town contractor;
(C) Conviction under state or federal antitrust statutes 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 purchasing agent to be so serious as to justify debarment action:
(1) Deliberate failure without good cause to perform in accordance with the specifications or within the time limit provided in the contract; or
(2) A recent record of failure to perform or of unsatisfactory performance in accordance with the terms of one 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 purchasing agent determines to be so serious and compelling as to affect responsibility as a town contractor, including debarment by another governmental entity for any cause listed in this chapter; and
(F) For violation of the ethical standards set forth in §§ 33A.200 et seq. (Ethics in Public Contracting).
(Ord. passed 9-19-05)