16.36.010 Authority to debar or suspend.
After reasonable notice to the person involved and reasonable opportunity for that person to be heard, the Chief Procurement Officer, after consulting with the Borough Attorney, is authorized to debar a person for cause from consideration for award of contracts. The debarment shall not be for a period of more than three years. After consultation with the Borough Attorney, the Chief Procurement Officer is authorized to suspend a person from consideration for award of contracts if there is probable cause to believe that the person has engaged in any activity which might lead to debarment. The suspension shall be for a period not exceeding three months. The causes for debarment or suspension include:
A. Conviction for commission of a criminal offense as an incident to obtaining or attempting to obtain a public or private contract or subcontract, or in the performance of such contract or subcontract;
B. Conviction under state and federal statutes of embezzlement, theft, forgery, bribery, falsification or destruction of records, receiving stolen property, or any other offense indicating a lack of business integrity or business honesty which currently, seriously and directly affects responsibility as a Borough contractor;
C. Conviction under state or federal antitrust statutes arising out of the submission of bids or proposals;
D. Violation of contract provisions, as set forth below, of a character which is regarded by the Chief Procurement Officer to be so serious as to justify debarment action:
1. Deliberate failure without good cause to perform in accordance with the specifications or within the time limit provided in the contract, or
2. A recent record of failure to perform or of unsatisfactory performance in accordance with the terms of one or more contracts; provided, that failure to perform or unsatisfactory performance caused by acts beyond the control of the contractor shall not be considered to be a basis for debarment;
E. Any other cause the Chief Procurement Officer determines to be so serious and compelling as to affect responsibility as a Borough contractor, including debarment by another governmental entity; and
F. For violation of the ethical standards set forth in Chapter 16.44 FNSBC. (Ord. 2002-29 § 35, 2002; amended during 1993 republication; Ord. 82-69, 1982. 2004 Code § 16.60.010.)