Section 8-B3064. DEBARMENT, SUSPENSION AND INELIGIBILITY PROCEDURES

 

3064.1Debarment and suspension shall be imposed on University contractors only when it is in the best interest of the University and not for punitive purposes and only for the causes set forth in this Section.

 

3064.2The CCO shall utilize the excluded parties list of contractors declared ineligible under federal laws and regulations applicable to the District of Columbia in making contract award decisions. 

 

3064.3The CCO shall develop and maintain a current, comprehensive list of all contractors that have been debarred, suspended or declared ineligible.

 

3064.4The CCO shall utilize the federal government consolidated list of debarred, suspended or otherwise ineligible contractors until the University’s list is developed.

 

3064.5The consolidated list shall include the following:

 

(a) The names and addresses of all debarred, suspended, or ineligible contractors with cross references when more than one (1) name is involved in a single action;

 

(b) The cause for each action, along with statutory or regulatory authority;

 

(c) The scope of the action;

 

(d) In the case of ineligible contractors, the name of the federal agency or other authority responsible for the action, and the name and telephone number of the point of contact for the action; and

 

(e) The termination date of each listing.

 

3064.6The CCO shall not solicit offers from, award contracts to, or consent to subcontract with a debarred or suspended contractor. 

 

3064.7A contractor designated as ineligible shall be excluded from receiving contracts and subcontracts under the conditions and for the period set forth in the applicable statute or regulation.

 

3064.8The CCO may continue contracts or subcontracts in existence at the time a contractor is debarred, suspended or determined ineligible, unless the CCO determines in writing that the existing contracts or subcontracts should be terminated to protect the best interests of the University for any of the reasons set forth in these regulations.

 

3064.9The CCO shall not exercise an option to renew or otherwise extend a current contract with a debarred, suspended or otherwise ineligible contractor, unless the CCO approves the action in writing.

 

3064.10In any subcontract requiring University consent, the CCO shall not consent to the award of a subcontract to any debarred, suspended or otherwise ineligible contractor unless the CCO approves the award, in writing, based on compelling reasons in the best interest of the University.

 

3064.11The CCO may debar a contractor for any of the following reasons:

 

(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 of Columbia statute relating to the submission of offers (bids, proposals or quotations);

 

(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 University contract or subcontract so serious as to justify debarment, such as willful failure to perform any University contract; a history of failure to perform, or a record of unsatisfactory past performance on any University, District or federal contract; or

 

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

 

3064.12Debarment shall include debarment of all divisions or other organizational elements of the contractor, unless the CCO determines that good cause exists to debar only certain specified organizational units of the contractor.

 

3064.13The CCO may extend the debarment decision to include any affiliates, subsidiaries, or parents 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 Section.

 

3064.14Debarment shall be for a period not to exceed three (3) years based on the seriousness of the cause(s) of debarment.  The debarment period begins on the date the contractor receives the notice of proposed debarment. 

 

3064.15If suspension precedes debarment, the suspension period shall be considered in determining the debarment period.

 

3064.16If the CCO decides to impose a debarment, the contractor and any applicable affiliates shall be given prompt notice of the debarment by written notice in a manner determined appropriate by the CCO.  The notice shall include the following:

 

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

 

(b) The reasons for the proposed debarment;

 

(c) The effective date and length or period of the proposed debarment;

 

(d) A statement that the proposed debarment is effective throughout the University’s contracting system; and

 

(e) Notice to the proposed debarred contractor of its rights to administrative review as provided in 3064.17 through 3064.22 of this Section.

 

3064.17Any contractor intending to appeal the CCO’s proposed debarment or suspension shall appeal to the Contracts Review Committee within ten (10) calendar days of receipt of the CCO’s decision to debar or suspend the contractor.

 

3064.18The CCO shall submit a report outlining the proposed debarment or suspension action for the review of the Contracts Review Committee.  The Contracts Review Committee may hold an informal hearing within ten (10) calendar days of receipt of the contractor’s appeal and request for a hearing, unless such time period is extended by the Committee.

 

3064.19The Contracts Review Committee shall issue a final decision within forty-five (45) calendar days after receiving the contractor’s appeal.  The Contracts Review Committee may issue a decision without a hearing. 

 

3064.20Each contractor intending to file an appeal of the Contracts Review Committee’s decision shall file an appeal with the District of Columbia Contract Appeals Board (CAB).  In order for the CAB to consider the appeal, the contractor shall file the appeal within ten (10) calendar days after the contractor receives a written decision from the Contracts Review Committee.

 

3064.21The contractor shall exhaust all administrative review procedures provided in this Section fully and properly before appealing to the CAB.

 

3064.22The CAB shall have exclusive jurisdiction to hear and decide appeals from written decisions of the Contract Review Committee.

 

 

authority

D.C. Official Code § 38-1202.01 (2001 ed.)

source

SOURCE: Final Rulemaking published at 57 DCR 2630 (Mar 26, 2010), as amended by Errata Notice published at 57 DCR 3485 (April 23, 2010).