§ 31-201. Authority to suspend or debar.

(a)

Suspension. After consultation with the county attorney, the purchasing agent 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 to exceed three months.

(b)

Debarment. After reasonable notice to the person involved and reasonable opportunity for that person to be heard, the purchasing agent, after consulting with the county attorney, and notice to the county manager, is authorized to debar for cause a person from consideration for award of contracts. The debarment shall be for a period of not more than three years. The causes for debarment include the following:

(1)

Conviction for commission of a criminal offense as an incident to obtaining or attempting to obtain a public or private contract or subcontract, or the performance of such contract or subcontract;

(2)

Conviction under state or 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 county contractor;

(3)

Conviction under state or federal antitrust statutes arising out of submission of bids or proposals;

(4)

Violation of contract provisions within the past three years, as set forth below, of a character which is regarded by the purchasing agent to be so serious as to justify debarment action:

a.

Deliberate failure without good cause to perform in accordance with the specifications or within the time limit provided in the contract; or

b.

A recent record of preventable failure to perform or of unsatisfactory performance in accordance with the terms of one or more contracts.

(5)

Any other cause the purchasing agent determines to be so serious and compelling as to affect responsibility as a county contractor, including debarment by another governmental entity for any cause listed in this article; and

(6)

For violation of the ethical standards set forth in article IX of this chapter.

(7)

Failure to disclose any of subsections (1) through (6) above in a solicitation as may be requested.

(Ord. No. 02-098, § 2, 12-2-2008; Ord. No. 02-256, § 54, 7-7-2015)