The suspension and debarment process protects the Town from fraud, waste, and abuse by using tools to avoid doing business with non-responsible contractors and vendors. This section applies to a debarment for cause from consideration for award of contracts, goods, or services, or a suspension from such consideration during an investigation where there is probable cause for such debarment. Additionally, if Federal or State monies are being utilized for the procurement, the Town will ensure that potential vendors are not listed on the Federal debarment and suspension list before awarding contracts.
The Town Administrator, after reasonable notice of debarment to the person or firm involved and reasonable opportunity for that person or firm to be heard, and having consulted with the Council and Town Attorney, shall have the authority to:
• disbar the person or firm for cause from consideration for award of contracts, goods, or services; provided that doing so is in the best interest of the Town. The debarment shall be for a period as determined by the Town Administrator, but not more than two years.
• Suspend the person or firm for cause from consideration for award of contracts, goods, or services; provided that doing so is in the best interest of the Town. The suspension shall be for a period as determined by the Town Administrator, but not more than 12 months.
The causes for debarment or suspension include:
• 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;
• 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, vendor, or supplier.
• Conviction under State or Federal antitrust statutes arising out of the submission of bids, quotes, offers, contracts, or proposals;
• Violation of contract, bid, proposal or quotation provisions, as set forth below, of a character which is regarded by the Town Administrator to be so serious as to justify debarment action. This would include, deliberate failure without good cause to perform in accordance with the specifications or within the time limit provided in the contract, bid, proposal, offer, or quotation; or a recent record of failure to perform or of unsatisfactory performance in accordance with the terms of one or more contracts, proposals, offers, bids or quotations;
• Any other causes the Town Administrator determines to be so serious and compelling as to affect responsibility as a Town contractor, supplier or vendor, including debarment by another governmental entity for cause;
• For violation of the ethical standards set forth in the South Carolina State Ethics Act.
A contractor, supplier, or vendor shall not be considered for suspension or disbarment if the failure to perform or unsatisfactory performance were caused by acts beyond the control of the contractor, supplier, or vendor.
With the advice and consent of the Council, the Town Administrator shall issue a written decision within 30 days to debar or suspend. The decision shall be final and conclusive. The decision shall state the reason of the action taken and inform the debarred or suspended person, company, or corporation involved of their rights to a final appeal. This notice shall be sent by certified mail, hand-delivered, or by email.