A. Generally: The City may make use of any appropriate remedies, including the following, with respect to procurement and contracts. This section shall not be construed to limit any contractual remedies or any other remedies available to the City. Notice of any actions taken or determinations made by a procurement official under this article shall be sent to the Chief Procurement Officer for operational supplies and services, or to the City Engineer for construction related supplies and services. When taking any action, a procurement official shall determine whether consultation with the City Attorney's Office may be appropriate.
B. Temporary Suspension: A procurement official may issue a temporary suspension as follows:
1. Basis For Temporary Suspension: Any matter which a procurement official reasonably believes may be detrimental to the City's interest may be the basis for a temporary suspension. Such matters may include, without limitation:
a. Allegations that the person has caused any damage to City property.
b. Allegations that the person has damaged the property of others during the pursuit of City business.
c. Allegations of a failure to perform any contractual obligation, including, without limitation, the obligation to make payment to or on behalf of the City.
d. Allegations that the person has committed a criminal, ethical or other violation that may impact the person's responsibility as a contractor, or cause the City to lose confidence in the person or the performance.
e. Allegations of a lack of adequate skill or capacity to perform, or of poor workmanship.
f. Allegations that the person is creating an unsafe condition.
2. Issuing Temporary Suspension: A procurement official may issue a temporary suspension by delivering notice of the suspension in writing to the affected party. Notice shall include the following:
a. The names of all parties affected.
b. The basis on which the City has issued the temporary suspension, including the circumstances which the affected parties must explain to the procurement official.
c. A statement that the temporary suspension will continue until the affected parties have explained the circumstances to the satisfaction of the procurement official, or until the procurement official has reviewed the circumstances and determined how to proceed.
d. A statement that the City will not permit any claims for delays or damages associated with this suspension.
e. Any conditions under which procurement or performance activities may continue, or other terms applicable to the suspension. The procurement official may impose any reasonable conditions that protect the City.
3. Effect Of Temporary Suspension: Upon receipt of a temporary suspension, the affected persons shall suspend all efforts to participate in a City procurement process or perform a City contract to the extent directed in the suspension. A suspension shall not be allowed as a reason to seek payment or damages from the City.
4. Review: The procurement official shall promptly take any actions appropriate to review the circumstances which prompted the temporary suspension. Such actions may include, without limitation:
a. Requesting any information from the affected persons that the City determines to be relevant to its inquiry. Failure to provide such information may be considered by the City in taking any action.
b. Investigating any matter.
c. Requiring the affected persons to demonstrate that the City's concerns have been adequately addressed.
5. Determination: After reviewing the circumstances, the procurement official shall promptly give the affected persons written notice of the determination, and place a copy in the procurement file. A determination may be as follows:
a. Lift Temporary Suspension: The procurement official may determine that the affected persons have adequately addressed the City's concerns, and that the temporary suspension is lifted.
b. Affected Persons' Action Required: The procurement official may determine that the affected persons must take specific actions to adequately address the City's concerns. The affected persons will continue to be temporarily suspended on terms specified by the procurement official until the specific actions have been taken, and the affected persons have demonstrated to the official's satisfaction that the City's concerns have been adequately addressed. The procurement official may partially lift the temporary suspension as appropriate.
c. Initiate Other Proceedings: The procurement official may determine that the affected persons have not adequately addressed the City's concerns, whether initially or after action by the affected persons. At such time, the procurement official may commence suspension or debarment proceedings, or may take any other appropriate action.
C. Suspension Pending Legal Processes: A procurement official may issue a suspension pending legal processes as follows:
1. Basis For Suspension Pending Legal Processes: Without limitation, the following may provide a basis for issuing this suspension when it creates concerns regarding a party's performance, cooperation, responsibility, good will or other concerns:
a. The person is involved in a litigation, administrative hearing, dispute resolution process or other legal process and that person's position is adverse to the City.
b. The person is the subject of an indictment that has bearing on procurement, contract or ethical matters.
c. The person is the subject of an investigation or debarment proceeding by another governmental entity.
d. The person is involved in legal matters that cause the City to lose confidence in the person's ability to perform, responsibility as a contractor, ability to work cooperatively with the City, or other concern.
2. Issuing Suspension Pending Legal Processes: A procurement official may issue a suspension pending legal processes by delivering notice of the suspension in writing to the affected party. Notice shall include the following:
a. The names of all persons affected.
b. The basis on which the City has issued the suspension, including the specific legal processes causing concern to the City.
c. A statement that the suspension shall remain in effect until the affected persons demonstrate to the procurement official's satisfaction that the legal process and the City's concerns have been resolved.
d. A statement that the City will not permit any claims for delays or damages associated with this suspension.
e. Any conditions applicable to the suspension. The procurement official may impose any reasonable conditions that protect the City.
3. Lifting The Suspension: The procurement official shall lift a suspension pending legal processes when the affected persons demonstrate to the official's satisfaction that there is a resolution to the legal processes in question, and the resolution resolves the City's concerns for performance, cooperation, responsibility, good will or other concerns.
D. Suspension: A procurement official may issue a suspension as follows:
1. Basis For Suspension: Cause sufficient to issue a suspension may include such matters as the following:
a. After reviewing any matter, whether or not in connection with a temporary suspension, the procurement official determines that circumstances exist that are likely to adversely impact the City's interests.
b. The procurement official determines that there has been a material violation of a contract or a procurement process.
c. The procurement official determines that circumstances exist which cause the City to lose confidence in the affected person's ability to perform, responsibility as a contractor, ability to work cooperatively or other concern.
d. Any basis for which a person could be debarred.
2. Issuing Suspension: A procurement official may issue a suspension as follows:
a. The procurement official shall notify the affected persons in writing of the allegations that the City believes may justify issuing a suspension against them.
b. The procurement official shall form a hearing panel consisting of two (2) procurement officials. The procurement officials may involve other persons that they believe may be beneficial to assisting with a determination. The City Attorney's Office shall provide legal counsel to the hearing panel.
c. The hearing panel shall provide the affected persons a reasonable opportunity to be heard in response to the City's allegations. The affected persons shall have opportunity to present all matters of fact and law in support of their objections to the City's allegations.
d. After hearing the affected persons, the hearing panel may request any information, or deliberate the matter as they shall determine.
e. The hearing panel shall make a determination, and shall deliver its written determination to the affected persons. If it issues a suspension, the notice of suspension shall include the following:
(1) The names of all persons affected.
(2) The basis on which the City has issued the suspension.
(3) Any conditions relevant to the suspension.
(4) A statement that the suspension will remain in effect until the affected persons request reinstatement, and demonstrate to the City's satisfaction that the City's concerns have been resolved. The statement shall include any specific conditions which the affected persons must demonstrate.
3. Reinstatement: The hearing panel shall lift a suspension when the affected persons request reinstatement, and demonstrate to the City's satisfaction that the City's concerns have been resolved.
E. Debarment: A procurement official may issue a debarment as follows:
1. Basis For Debarment: Causes for debarment may include, but are not limited to, the following:
a. Admission of or conviction for a criminal offense as an incident to obtaining or attempting to obtain a public or private contract or subcontract, or in the performance of a contract or subcontract.
b. Admission of or 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 seriously and directly affects responsibility as a City contractor.
c. Admission of or conviction under State or Federal Antitrust Statutes.
d. Failure without good cause to perform in accordance with the terms of a contract.
e. A violation of contract provisions which affects responsibility of the contractor or gives rise to concern for protecting the City's interest.
f. A lack of experience, or the performance of past or present work not acceptable to the City, which affects responsibility of the contractor or gives rise to concern for protecting the City's interest.
g. Violation of any local, State or Federal ethical requirements.
h. Any other cause determined to be so serious and compelling as to affect responsibility as a City contractor, including debarment by another governmental entity.
2. Issuing Debarment: A procurement official may issue a debarment as follows:
a. A procurement official shall notify the affected persons in writing of allegations the City believes may justify issuing a debarment against them.
b. The procurement official shall form a hearing panel consisting of two (2) procurement officials. The procurement officials may involve other persons that they believe may be beneficial to assisting with a determination. The City Attorney's Office shall provide legal counsel to the hearing panel.
c. The hearing panel shall provide the affected persons a reasonable opportunity to be heard in response to the City's allegations. The affected persons shall have opportunity to present all matters of fact and law in support of their objections to the City's allegations.
d. After hearing the affected persons, the hearing panel may request any information, or deliberate the matter as they shall determine.
e. The hearing panel shall make a determination, and shall deliver its written determination to the affected persons. If it issues a debarment, the notice of debarment shall include the following:
(1) The names of all persons affected.
(2) The basis on which the City has issued the debarment.
(3) Any conditions relevant to the debarment.
(4) The duration of the debarment, which shall be for no less than three (3) years.
(5) A statement that the debarment will remain in effect for the stated period, and thereafter until the affected persons request reinstatement, and demonstrate to the City's satisfaction that the City's concerns have been resolved. The statement shall include any specific conditions which the affected persons must demonstrate.
3. Reinstatement: The hearing panel shall lift a debarment after the stated duration passes and after the affected persons request reinstatement, and demonstrate to the City's satisfaction that the City's concerns have been resolved.
F. Records: The City shall maintain records under this article as follows:
1. Records Of Actions: Procurement officials who take any action under this article shall maintain records reflecting the matters reviewed and determinations issued in connection with the action.
2. Centralized List: The Chief Procurement Officer shall maintain a list showing all determinations issued under this article by any procurement official that are adverse to any person. (2019 Compilation)