Section 30-2015. DEBARMENT AND SUSPENSION

 

2015.1Upon the recommendation of the Executive Director, the Board may debar a business for cause from consideration for award of contracts or subcontracts by the Agency. The debarment shall not be for a period of more than three (3) years.

 

2015.2Upon the recommendation of the Executive Director, the Board may suspend a business from consideration for award of contracts if there is probable cause for debarment.

 

2015.3The Board shall issue a written decision to debar or suspend. The decision shall state the reasons for the action taken and inform the debarred or suspended business involved of its right to judicial review.

 

2015.4The decision of the Board issued under §2015.3 shall be final and conclusive unless fraudulent. The filing of a judicial appeal by the debarred or suspended business shall not stay the decision.

 

2015.5Unless otherwise indicated in the decision issued under §2015.3, the debarment or suspension shall also constitute a debarment or suspension of all affiliates of the contractor or subcontractor and businesses in which they have a substantial financial interest.

 

2015.6Causes for debarment or suspension related to criminal activity shall include, but are not limited to, the following:

 

(a) Conviction of a criminal offense incident to obtaining or any attempt to obtain a public or private contract, or subcontract, or in the performance of the contract or subcontract;

 

(b) Conviction under District or federal statutes for embezzlement, theft, forgery, bribery, falsification or destruction of records, receiving stolen property, or any other offense indicating a lack of business integrity which currently affects the contractor's responsibility as an Agency contractor; or

 

(c) Conviction under District, federal, or state antitrust statutes arising out of the submission of bids or proposals.

 

2015.7The Board may also debar or suspend a business for violation of contract provisions of a character that is regarded by the Board to be sufficiently serious to justify debarment action, as follows:

 

(a) Willful failure without good cause to perform in accordance with the specifications or within the time limit provided in the contract;

 

(b) A recent record of failure to perform or of unsatisfactory performance in accordance with the terms or conditions of one (1) or more contracts. Failure to perform or unsatisfactory performance caused by acts beyond the control of a contractor shall not be considered to be basis for debarment; or

 

(c) A false assertion of minority status as defined in the Minority Contracting Act of 1976, D.C. Law 1-95.

 

2015.8The Board may also suspend or debar a contractor for any other cause the Board determines to be sufficiently serious and compelling to affect responsibility as a contractor, including the following:

 

(a) Debarment by another District or federal governmental entity for cause; or

 

(b) Any cause which would be grounds for disqualification for a suppliers license under D.C. Code §2-2528 (1994 Repl. Vol.).

 

2015.9The Director of Procurement shall obtain lists of debarred and suspended businesses from the Director, DAS and shall inform the Director, of any debarments or suspensions effected by the Agency, in accordance with §§2210 and 2211 of Title 27 DCMR.

 

source

Final Rulemaking published at 36 DCR 6681, 6691 (September 22, 1989).