Section 8-A2522. CONTRACTORS

 

2522.1The Director of Procurement may debar a business for cause from consideration for award of contracts or subcontracts by the School of Law. The debarment shall not be for a period of more than three (3) years.

 

2522.2The Director of Procurement may suspend a business from consideration for award of contracts if there is probable cause for debarment.

 

2522.3Causes for debarment or suspension 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 a School of. Law contractor;

 

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

 

(d)Violation of contract provisions of a character that is regarded by the Director to be sufficiently serious to justify debarment action, as follows:

 

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

 

(2)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

 

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

 

2522.4The Director of Procurement (the "Director") may also suspend or disbar a contractor for any other cause the Director determines to be sufficiently serious and compelling to affect responsibility as a contractor, including debarment by another governmental entity for cause.

 

2522.5The Director 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.

 

2522.6The decision issued by the Director under §2522.5 shall be final and conclusive unless fraudulent. The filing of a judicial appeal by the debarred or suspended business appeals shall not stay the Director's decision.

 

2522.7Unless otherwise indicated in the Director's decision, 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.

 

2522.8The provisions of chapter 22 of the D.C. Procurement Regulations shall apply to procurement by the School of Law, except as provided otherwise in this section.

 

2522.9The Director of Procurement shall obtain lists of debarred and suspended businesses from the Director, DAS, and shall inform the Director, DAS, of any debarments or suspensions effected by the School of Law, in accordance with §§2210 and 2211 of the DCPR.

 

2522.10For purposes of §2212.3 of the DCPR, the decision to terminate a contract pursuant to a debarment or suspension shall be based on reasons set forth in §2537 of this chapter.

 

2522.11The requirements of §§2220 through 2222 of the DCPR may be waived under §2222.9 of the DCPR by the Director of Procurement.

 

source

Final Rulemaking published at 35 DCR 5822 (July 29, 1988).