Section 27-2213. DEBARMENT

 

2213.1The Director may debar a contractor for any of the following causes:

 

(a)Conviction of, or civil judgment for, commission of fraud or a criminal offense in connection with obtaining, attempting to obtain, or performing a public contract or subcontract;

 

(b)Conviction of, or civil judgment for, violation of any federal, state, or District antitrust statute relating to the submission of offers;

 

(c)Conviction of, or civil judgment for, commission of embezzlement, theft, forgery, bribery, falsification or destruction of records, making false statements, or receiving stolen property;

 

(d)Conviction of, or civil judgment for, commission of any other offense indicating a lack of business integrity or business honesty that seriously and directly affects the present responsibility of the contractor or subcontractor;

 

(e)Violation of the terms of a District contract or subcontract so serious as to justify debarment such as willful failure to perform in accordance with the terms of one (1) or more District contracts, a history of failure to perform, or unsatisfactory performance on one (1) or more District contracts;

 

(f)A false assertion of minority status as defined in the Minority Contracting Act of 1976, effective March 29, 1977 (D.C. Law 1-95, D.C. Code §1-1141 et seq.); or

 

(g)Any other cause of a serious or compelling nature that affects the present responsibility of the contractor or subcontractor.

 

2213.2Debarment shall constitute debarment of all divisions or other organizational elements of the contractor, unless the debarment decision is limited by its terms to specific divisions, organizational elements, or commodities.

 

2213.3The Director may extend the debarment decision to include any affiliates of the contractor by specifically naming the affiliate and giving the affiliate written notice of the proposed debarment and an opportunity to respond in accordance with the provisions of this chapter.

 

2213.4Debarment shall be for a period commensurate with the seriousness of the cause(s), but shall not exceed three (3) years. If suspension precedes a debarment, the suspension period shall be considered in determining the debarment period.

 

2213.5The Director may reduce the period or extent of debarment, upon the contractor's request supported by documentation, for the following reasons:

 

(a)Newly discovered material evidence;

 

(b)Reversal of the conviction or judgment upon which debarment was based;

 

(c)Bona fide change in ownership or management;

 

(d)Elimination of other causes for which the debarment was imposed; or

 

(e)Other reasons that the Director deems appropriate.

 

2213.6The Director may extend the debarment period for an additional period if the Director determines that the extension is necessary to protect the interests of the District. However, a debarment may not be extended solely on the basis of the facts and circumstances upon which the initial debarment was based. The extension of debarment shall be subject to the procedures set forth in §2214.

 

source

Final Rulemaking published at 35 DCR 1533 (February 26, 1988).