A. Authority to suspend. The Procurement Officer, with the approval of the Village Manager, may suspend a vendor, services provider, contractor, or other person (collectively, "contractor") for cause from eligibility to receive a purchase order, contract, or other order or agreement from the Village for any period of time up to three years. Prior to making a decision to suspend, the Procurement Officer must give reasonable notice to the contractor and a reasonable opportunity for the contractor to be heard by the Procurement Officer. The Procurement Officer's decision shall be in writing and shall include the causes for the suspension, the time period of the suspension, and other relevant matters. The Procurement Officer shall promptly provide a copy of the decision to the contractor.
B. Causes. The causes for suspension include the following:
(1) Conviction of the contractor for commission of a criminal offense related to obtaining or attempting to obtain any contract or subcontract, whether public or private, or relating to the performance of a contract or subcontract.
(2) Conviction of the contractor under any state or federal statute 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.
(3) Conviction of the contractor under any state or federal antitrust statute arising out of the submission of bids or proposals.
(4) One or more contractor violations of contract provisions of a character that are regarded by the Procurement Officer or Village Manager to be so serious as to justify suspension. Examples of such violations are, but are not limited to:
(a) A deliberate failure to perform in accordance with the terms or specifications provided in the contract.
(b) Repeated failures to perform, or repeated instances of unsatisfactory performance, without satisfactory excuse or mitigating circumstances.
(5) Suspension or debarment by another governmental agency.
(6) Any other cause the Procurement Officer or Village Manager determines to be so serious and compelling as to affect responsibility as a contractor.
(7) Violation by the contractor of an ethical standard related to contracts, contracting, or construction.
C. Appeal. A contractor may appeal a suspension by filing a written notice of appeal in the office of the Village Clerk within five days. The notice of appeal must state each position and reason of the contractor in support of the appeal. The Village Board shall consider the appeal and, considering all of the facts, circumstances, and decision of the Procurement Officer, shall deny the appeal, grant the appeal, or grant such other relief as the Village Board determines is appropriate. The Village Board, as part of its decision, may decrease or increase the length of any suspension. The Village Board shall memorialize its decision in writing and promptly provide a copy of its decision to the contractor. The decision of the Village Board is final.
(Ord. 5499, 3-21-20)