16.36.020 Suspension and debarment referral and initiation procedures.
A. Referral.
1. Debarment may be initiated by anyone who oversees a Borough contract, including a service area commissioner, by referral to the Chief Procurement Officer or designee.
2. A referral must be in writing, state the specific Borough-authorized cause(s) supporting referral for debarment, and shall utilize any referral form established by the Chief Procurement Officer or designee.
3. The individual signing the referral must provide all other relevant documents or information upon request by the Chief Procurement Officer or designee. If a road service area commissioner signs the referral, rural services shall assist the commissioner with providing any requested documents or information.
B. Responsibility of Chief Procurement Officer upon Receipt of Referral.
1. Upon receipt of a referral the Chief Procurement Officer or designee must make a preliminary finding of whether to accept or reject the referral. In making this decision the Chief Procurement Officer or designee will assume that the relevant factual allegations as presented are true and will accept the referral if the allegations are sufficient on their face to support debarment. If not, the referral may, after consultation with the Borough Attorney, be rejected.
2. If the referral is rejected, the decision to reject a referral must be in writing and must specify the reasons for the rejection.
3. If the referral is accepted the matter will be referred for investigation and review for potential suspension and/or debarment.
C. Investigation and Review.
1. The Chief Procurement Officer or designee will initiate a reasonable review or investigation of the referral.
2. Notice must be given to the contractor or prospective contractor of the referral and investigation which must be in writing and sent by certified mail, return receipt requested, or by personal service. The notice must (a) state the applicable cause(s) for debarment, the facts alleged in the referral and any known facts supporting each cause, (b) identify the relevant code provisions regarding debarment, and (c) provide a date by which the contractor may present relevant information.
3. The Chief Procurement Officer or designee shall then consider all information presented and weigh all aggravating or mitigating factors and reach a conclusion whether to proceed with suspension and/or debarment. A decision not to proceed shall be in writing, state the reasons for the decision, and copied to the individual who signed the referral. This decision may be appealed to the Mayor.
D. Administrative Agreements. If Borough interests can be adequately protected, in lieu of proceeding with suspension and/or debarment the contractor and the Chief Procurement Officer may enter into a voluntary administrative agreement. The administrative agreement must require adequate remedial measures or other action sufficient to ensure that contractor is responsible to perform Borough work. (Ord. 2013-23 § 2, 2013. 2004 Code § 16.60.015.)