The District Vendor Debarment procedure may be implemented when it is not in the best interest of the District to continue doing business with a vendor.
1. A request to debar a vendor may be filed in writing with the Executive Director of Purchasing.
2. The Executive Director of Purchasing will convene a meeting with the vendor to attempt to resolve the issue(s).
3. In the event the issue(s) is not resolved, the debarment action will be referred to the Superintendent or his designee, normally the Chief Financial Officer.
4. Should the issue(s) not be resolved at this level; it shall be referred to the Board along with all documentation regarding the debarment action.
The causes for debarment or suspension shall include, but are not limited to, any or all of the following:
- Violating any federal, state or local law, ordinance, regulation, or District policy, in the performance of a contract.
- Willfully, or egregiously failing to perform in accordance with the terms and requirements of a contract/purchase order. Such actions shall include deliberate failure without good cause to perform in accordance with the specifications or within the time frame provided in the contract and/or a record of nonperformance or unsatisfactory performance in accordance with the terms of one or more contracts.
- Intentionally providing false or misleading information, or willfully omitting substantive information on an application, in a bid/proposal, contract submittals, or in correspondence or communication to the District.
- Colluding with others to restrain competition or fix prices.
- Attempting to obtain information, by whatever means, related to a bid/proposal submitted by a competitor in response to a procurement solicitation in order to obtain an unfair advantage prior to a contract award.
- Contacting proposal/bid evaluators or any other person who may have influence over the award regarding a bid or proposal under consideration, without authorization from the Purchasing Department, for the purpose of influencing the award of a contract.
- Giving gifts, (other than incidental advertising items), meals, or trips to a District employee intending to provide a personal benefit to that employee and not a benefit to the District as a whole with the intent to influence the award of a contract.
Debarment shall be for a period commensurate with the seriousness of the vendor’s actions and causes for debarment.
Debarment affects all divisions or other organizational units of the vendor, unless the debarment decision is limited by its terms to specific divisions or organizational units. When appropriate the debarment may also include individual’s principals and may extend to other organizations, present or future, owned and or operated by the individual. Vendors debarred are excluded from receiving contracts, and the District will not solicit offers from, award contracts to, or consent to subcontracts with these vendors.
Notwithstanding the debarment or proposed debarment of a vendor, contracts or subcontracts in existence at the time a vendor is debarred may continue unless cancelled pursuant to the cancellation clause of the contract. Ordering activities may continue against existing contracts in the absence of cancellation. However, contracts with debarred vendors may not be renewed or otherwise extended.
A debarred vendor shall apply for reinstatement (after the debarment period) prior to bidding for any District business. Vendor may be required to submit evidence which supports the vendor has performed as a responsible vendor to other agencies or companies during the suspension period for similar scope of work/business.