Section 27-2214. DEBARMENT PROCEEDINGS

 

2214.1The Director shall initiate debarment proceedings by notifying the contractor and any specifically named affiliates by certified mail, return  receipt requested, of the following:

 

(a)The reasons for the proposed debarment in sufficient detail to put the contractor on notice of the conduct or transaction(s) upon which the proposed debarment is based;

 

(b)The cause(s), as set forth in §2213.1 or the Act, relied upon for the proposed debarment;

 

(c)That, within fifteen (15) calendar days after receipt of the notice, the person or business may submit, in person, in writing, or through a representative, information and argument in opposition to the proposed debarment, including any additional specific information that raises a genuine issue of material fact;

 

(d)The District's procedures governing debarment decision-making;

 

(e)The potential effect of the proposed debarment; and

 

(f)That, if no suspension is in effect, the District will not solicit offers from, award contracts to renew, extend contracts with, or consent to subcontracts with the contractor pending a debarment decision.

 

2214.2In debarment actions not based upon a conviction or civil judgment, if the Director finds that the contractor's submission in opposition raises a genuine dispute over facts material to the proposed debarment, the Director shall do the following:

 

(a)Afford the contractor an opportunity to appear with counsel, submit documentary evidence, present witnesses, and confront any District evidence or testimony; and

 

(b)Make an electronic record of the proceedings, and make a copy or transcription of the record available at cost to the contractor upon request.

 

2214.3In any action in which the proposed debarment is not based upon a conviction or civil judgment, the cause for debarment shall be established by a preponderance of the evidence.

 

2214.4In actions based upon a conviction or civil judgment, or in which there is no genuine issue of material fact, the Director shall make a decision on the basis of all the information in the administrative record, including any submission made by the contractor.

 

2214.5If no suspension is in effect, the decision under §2214.4 shall be made within thirty (30) working days after receipt of any information and argument submitted by the contractor, unless the Director extends this period for good cause.

 

2214.6In actions in which additional proceedings are necessary to decide issues of material fact, the Director shall prepare written findings of fact. The Director shall base the debarment decision on the facts as found, together with any information and argument submitted by the contractor and any other information in the administrative record.

 

2214.7If the Director decides to impose debarment, the contractor and any affiliates involved shall be given prompt notice of the debarment action by certified mail, return receipt requested. The notice shall include the following:

 

(a)A reference to the notice of proposed debarment;

 

(b)The specific reasons for debarment;

 

(c)The period of debarment, including effective dates;

 

(d)A statement advising that the debarment is effective throughout the executive branch of the District government unless the Director determines in writing, based on compelling reasons and certification by the head of a contracting agency, that continued business dealings between that agency and the contractor are justified; and

 

(e)Notice to the debarred contractor of its rights to judicial or administrative review as provided in the Act.

 

2214.8If debarment is not imposed, the Director shall promptly notify the contractor and any affiliates involved of the decision by certified mail, return receipt requested.

 

authority

The Chief Procurement Officer of the District of Columbia (CPO), pursuant to the authority set forth in sections 204, 907, and 1106 of the Procurement Practices Reform Act of 2010, effective April 8, 2011 (D.C. Law 18-371; D.C. Official Code §§ 2-352.04, 2-359.07, and 2-361.06)(2011 Supp.) (Act).

source

Final Rulemaking published at 35 DCR 1535 (February 26, 1988); as amended by Notice of Emergency and Proposed Rulemaking published at 58 DCR 7564 (August 19, 2011)[EXPIRED]; as amended by Notice of Final Rulemaking published at 58 DCR 8574, 8575 (October 7, 2011).