A.
After reasonable notice to the person involved and reasonable opportunity
for that person to be heard, the Purchasing Officer is authorized
to declare the person nonresponsible for purposes of supplying goods,
services, and construction to the City. The declaration shall be in
effect for a period of not more than two years, for all solicitations.
B.
The causes for such a declaration include:
(1)
Conviction for commission of a criminal offence as an incident to
obtaining or attempting to obtain public or private contracts or subcontracts,
or in 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 offences indicating a lack of business
integrity or business honesty which currently, seriously, and directly
affects responsibility as a City contractor.
(3)
Conviction under state or federal antitrust statutes arising out
of the submission of bids or proposals.
(4)
Violation of contract provisions, as set forth below, of a character
which is regarded by the City to be so serious as to evidence nonresponsibility:
(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 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 is not caused by
acts beyond the control of the contractor.
(5)
Any other cause the City determines to be so serious and compelling
as to affect responsibility as a City contractor, including suspension
by another governmental entity for any cause listed in this chapter.
The City shall issue a written determination, which shall state
the reasons for the action taken and inform the affected person involved
of his rights concerning administrative review.
A copy of the decision shall be mailed by certified return receipt.
A decision shall be final or conclusive, unless fraudulent or
the affected person, within 10 business days after receipt of the
decision by certified mail, makes an appeal to the City.
A.
Authority. The City Manager or Superintendent of Schools is authorized
to resolve any procedural protest regarding the solicitation or award
of any bid under his/her purview.
B.
Right to protest. Any actual or prospective bidder, offeror, or contractor
who believes he/she has been adversely affected in connection with
the solicitation or award of a contract may, within seven calendar
days of the solicitation, bid opening or award, by mail, fax or have
served, a letter of protest to the City Manager or Superintendent
of Schools. The City Manager or Superintendent of Schools must submit
a response in writing to the protesting entity, within a reasonable
period of time.
C.
Delay of procurement during protest. In the event of a timely protest under Subsection B of this section, the City shall determine whether it is in its best interest to proceed with the solicitation of the bid, bid opening, or award of the contract.
D.
Notice to the protestor of the City Manager's or Superintendent of Schools' decision. If the protest or claim is not resolved by mutual agreement, the City Manager or Superintendent of Schools shall promptly issue a decision in writing, and it shall be immediately mailed or otherwise furnished to the protesting entity. The decision shall state the reasons for the decision reached, and shall inform the protestor of his/her option to appeal under Subsection E of this section.
E.
Protestor right to appeal. The City Manager's or Superintendent of
Schools' decision shall be final and conclusive unless, within five
business days from the date of receipt of the decision, the City Manager
or Superintendent of Schools receives a written appeal regarding the
City Manager's decision. The City Manager or Superintendent of Schools
shall, in writing, render a decision within 10 business days.
F.
Failure to render timely decision. In the event the City Manager or Superintendent of Schools does not issue a written decision within the specified time period prescribed under Subsection B of this section or within such longer period as may be agreed upon between the parties, the protesting entity may proceed as if an adverse decision had been received.
A.
Prior to bid opening or the closing date for receipt of proposals.
If, prior to the bid opening or the closing date for receipt of proposals,
the Purchasing Officer determines that a solicitation is in violation
of federal, state or local law, then the solicitation shall be canceled
or revised to comply with applicable law.
B.
Prior to award. If, after bid opening or the closing date for receipt
of proposals, the Purchasing Officer determines that a solicitation
or a proposed award of a contract is in violation of federal, state
or local law, then the solicitation or proposal award shall be canceled
in accordance with this chapter.
C.
After award. If, after an award, the Purchasing Officer determines
that a solicitation or award of a contract was in violation of applicable
law, then:
