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(a) The Director of the Department of Purchasing and Contracting may suspend a contractor pending a debarment decision if the Director of the Department of Purchasing and Contracting determines that adequate evidence of one of the grounds for debarment listed in Section 429.5 exists.
(b) The Director of the Department of Purchasing and Contracting shall, within three business days' of issuing a notice of suspension, provide a suspended contractor with an opportunity to appeal the suspension at an informal meeting.
(c) The Director of the Department of Purchasing and Contracting shall notify the contractor of the suspension in accordance with Section 429.4.
(d) The suspension is effective until the Independent Hearing Office makes a final decision on the proposed debarment.
(Added by Ord. No. 10626 (N.S.), effective 11-14-19)
(a) Notice shall be by any of the following methods:
(1) Personal delivery with service effective on the date of delivery; or,
(2) Certified mail to the address provided by the contractor, postage prepaid, return receipt requested. Simultaneously, the same notice may be sent by regular mail. If a notice that is sent by certified mail is returned unsigned, then service shall be deemed effective five calendar days after mailing by regular mail, provided the notice that was sent by regular mail is not returned.
(b) Proof of delivery of notice shall be made by the certificate of any officer or employee of the County or by declaration under penalty of perjury of any person over the age of eighteen years. The proof of delivery shall show that delivery was accomplished in conformity with this section.
(c) The failure of any person to receive any notice served in accordance with this section shall not affect the validity of any debarment proceedings.
(Added by Ord. No. 10626 (N.S.), effective 11-14-19)
(a) Grounds for permanent debarment.
(1) A judgment, settlement, stipulation, plea agreement, final conviction, including a plea of nolo contendere, or final unappealable civil judgment, on any of the grounds listed below, constitutes grounds for permanent debarment of the contractor, or the affiliate of the contractor, who is subject to the judgment, settlement, stipulation, plea agreement, final conviction, or final unappealable civil judgment:
(A) under any local, state, or federal law or regulation for embezzlement, theft, bid rigging, perjury, forgery, bribery, falsification or destruction of records, conspiracy, collusion, misappropriation of public money, false claims, or receiving stolen property; or,
(B) any offense, action, or inaction indicating a lack of business integrity or business honesty; or,
(C) for commission of a criminal offense arising out of obtaining or attempting to obtain a public or private contract or subcontract, or in the performance of such contract or subcontract.
(2) A Fair Political Practices Commission enforcement order against a contractor, either following a hearing or by stipulation, imposing a penalty for a violation of California Government Code sections 84300(c) or 84301.
(3) The contractor has engaged in any corrupt practice in bidding, award, administration, or performance of a contract.
(4) The person has committed an act or omission so serious or compelling in nature that it affects the present responsibility of the contractor to be awarded a contract or to participate as a subcontractor.
(b) The following are grounds for debarment for a period of no less than two years:
(1) The contractor forfeited a surety bond, bid bond, performance bond, or any surety contract bond, or a surety or insurance provider was required to perform all or a portion of the contractor's work.
(2) Violation of a local, state, or federal law or regulation applicable to a contract other than those identified in Section 429.5(a)(1).
(3) The contractor used substandard materials, or has failed to furnish or install materials in accordance with contract requirements, even if the discovery of the defect is subsequent to acceptance of the work and expiration of the warranty, if such defect is because of intentionally deficient or grossly negligent performance of the contract.
(4) The contractor represents or submits materially false information to the County pertaining to:
(A) the contractor's qualifications or certifications as a local business, small business, veteran owned business, or disabled veteran business;
(B) the contractor's qualifications or certifications to perform the specified work;
(C) County's prequalification or eligibility process;
(D) the contractor's statement of gross income submitted as part of the procurement process; or
(E) an application for payment or invoices for services.
(5) The contractor has been found by a court of competent jurisdiction, arbitrator, or through a settlement agreement to have engaged in unlawful discrimination in employment.
(6) The contractor violates a material provision of any settlement or agreement in lieu of a County debarment action.
(c) The following are grounds for debarment for a period of no less than one year:
(1) The contractor made two or more claims to seek relief from its bid based on computational or other errors in a bid to the County within a two-year period.
(2) The contractor, on at least two instances within the immediately preceding three years prior to the date on which the County initiates the debarment proceeding, did not meet the standard of care or performance standards in an awarded contract(s).
(3) The contractor, on at least two instances within the immediately preceding three years prior to the date on which the County initiates the debarment proceeding, did not complete work within the time prescribed in an awarded contract(s).
(Added by Ord. No. 10626 (N.S.), effective 11-14-19)
(a) Upon recommendation for debarment of a contractor from a department, with the concurrence from the Director of the Department of Purchasing and Contracting, the Clerk of the Board of Supervisors shall appoint an Independent Hearing Officer consistent with and in the same manner as set forth in Section 16.103 of the San Diego County Code of Regulatory Ordinances.
(b) The Independent Hearing Officer shall hear all recommendations that include one or more grounds for debarment and/or suspension.
(c) The Independent Hearing Officer shall determine by a preponderance of the evidence whether there are sufficient grounds for debarment and the length of time of the debarment. Based on the evidence presented by all parties, the Independent Hearing Officer may increase, decrease, or accept the Department's recommendation regarding the length of debarment. The Independent Hearing Officer, however, may not reduce the length of a permanent debarment if the hearing officer determines a violation identified in Section 429.5(a) occurred, or impose less than the length of debarment specified in Section 429.5(b) and (c).
(d) The Independent Hearing Officer shall have the authority set forth in Section 16.104(a) and (b), will conduct the hearing consistent with the provisions set forth in Section 16.105, and will render a decision following the procedures set forth in Section 16.106(a), (c), (d), and (e), of the San Diego County Code of Regulatory Ordinances.
(e) The Independent Hearing Officer decision on debarment shall be in writing and is final pursuant to Section 16.106 of the San Diego County Code of Regulatory Ordinances.
(f) The failure of a person recommended for debarment to appear at a debarment hearing after notice under Section 429.4 may constitute a waiver of that person's right to contest the debarment recommendation. If the Independent Hearing Officer determines that the person has waived the right to contest the debarment under this subsection the Department's recommendation shall become final.
(Added by Ord. No. 10626 (N.S.), effective 11-14-19)
(a) The fraudulent, criminal, or other serious misconduct of any officer, director, shareholder, partner, employee, or other individuals associated with a contractor may be imputed to the contractor when the conduct occurred in connection with the individual's performance of duties for, or on behalf of, the contractor, or with the contractor knowledge, approval, or acquiescence. Acceptance of the benefits derived from the conduct shall be evidence of such knowledge, approval, or acquiescence.
(b) The fraudulent, criminal, or other serious misconduct of a contractor may be imputed to any officer, director, shareholder, partner, employee, or other individual associated with the contractor who participated in, knew of, or had reason to know of, the contractor's conduct.
(c) The fraudulent, criminal, or other serious misconduct of one contractor participating in a joint venture or similar arrangement may be imputed to other participating contractors if the conduct occurred for, on approval of, or acquiescence of, these contractors. Acceptance of the benefits derived from the conduct shall be evidence of such knowledge, approval, or acquiescence.
(Added by Ord. No. 10626 (N.S.), effective 11-14-19)
Director of the Department of Purchasing and Contracting shall create, maintain, and make publicly available a list of the names, addresses, and applicable debarment or suspension commencement and expiration dates of all debarred or suspended contractors.
(Added by Ord. No. 10626 (N.S.), effective 11-14-19)
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