D.C. Mun. Regs. tit. 19, r. 19-4376

Current through Register Vol. 71, No. 37, September 13, 2024

Rule 19-4376 - DEBARMENT, SUSPENSION AND INELIGIBILITY PROCEDURES

4376.1

Debarment and suspension shall be imposed on Library contractors only when it is in the best interest of the Library and not for punitive purposes and only for the causes set forth in this Section.

4376.2

The Chief Contracting Officer (CCO) shall perform the excluded parties listing search related to Federal, District and/or open-market vendor/contractors for all acquisitions of $25,000.00 or more. Results from this search will be included in acquisition (purchase orders) and contract folders. The CCO shall not utilize any listing declared ineligible under federal laws and regulations applicable to the District of Columbia in making contract award decisions.

4376.3

The CCO shall develop and maintain a current, comprehensive list of all contractors that have been debarred, suspended or declared ineligible.

4376.4

The CCO shall utilize the federal government consolidated list of debarred, suspended or otherwise ineligible contractors until the Library's list is developed within 12 months from the date these rules are promulgated.

4376.5

The consolidated list shall include the following:

(a) The names and addresses of all debarred, suspended, or ineligible contractors with cross references when more than one (1) name is involved in a single action;

(b) The cause for each action, along with statutory or regulatory authority;

(c) The scope of the action;

(d) In the case of ineligible contractors, the name of the federal agency or other authority responsible for the action, and the name and telephone number of the point of contact for the action; and

(e) The termination date of each listing.

4376.6

The CCO shall not solicit offers from, award contracts to, or consent to subcontract with a debarred or suspended contractor.

4376.7

A contractor designated as ineligible shall be excluded from receiving contracts and subcontracts under the conditions and for the period set forth in the applicable statute or regulation.

4376.8

The CCO may continue contracts or subcontracts in existence at the time a contractor is debarred, suspended or determined ineligible, unless the CCO determines in writing that the existing contracts or subcontracts should be terminated to protect the best interests of the Library for any of the reasons set forth in these regulations.

4376.9

The CCO shall not exercise an option to renew or otherwise extend a current contract with a debarred, suspended or otherwise ineligible contractor, unless the CCO approves the action in writing.

4376.10

In any subcontract requiring Library consent, the CCO shall not consent to the award of a subcontract to any debarred, suspended or otherwise ineligible contractor unless the CCO approves the award, in writing, based on compelling reasons in the best interest of the Library.

4376.11

The CCO may debar a contractor for any of the following reasons:

(a) Conviction of, or civil judgment for, commission of fraud or a criminal offense in connection with obtaining, attempting to obtain, or performing a public contract or subcontract;

(b) Conviction of, or civil judgment for, violation of any federal, state or District of Columbia statute relating to the submission of offers (bids, proposals or quotations);

(c) Conviction of, or civil judgment for, commission of embezzlement, theft, forgery, bribery, falsification or destruction of records, making false statements, or receiving stolen property;

(d) Conviction of, or civil judgment for, commission of any other offense indicating a lack of business integrity or business honesty that seriously and directly affects the present responsibility of the contractor or subcontractor;

(e) Violation of the terms of a Library contract or subcontract so serious as to justify debarment, such as willful failure to perform any Library contract; a history of failure to perform, or a record of unsatisfactory past performance on any Library, District or federal contract; or

(f) Any other cause of a serious or compelling nature that affects the present responsibility of the contractor or subcontractor.

4376.12

Debarment shall include debarment of all divisions or other organizational elements of the contractor.

4376.13

The CCO may extend the debarment decision to include any affiliates of the contractor by specifically naming the affiliate and giving the affiliate written notice of the proposed debarment and an opportunity to respond in accordance with the provisions of this section.

4376.14

Debarment shall be for a period not to exceed three (3) years based on the seriousness of the cause(s) of debarment. The debarment period begins on the date the contractor receives the notice of proposed debarment.

4376.15

If suspension precedes debarment, the suspension period shall be considered in determining the debarment period.

4376.16

If the CCO decides to impose a debarment, the contractor and any applicable affiliates shall be given prompt notice of the debarment by written notice in a manner determined appropriate by the CCO. The notice shall include the following:

(a) A reference to the notice of proposed debarment;

(b) The reasons for the proposed debarment;

(c) The effective date and length or period of the proposed debarment;

(d) A statement that the proposed debarment is effective throughout the Library's contracting system; and

(e) Notice to the proposed debarred contractor that its rights to administrative review as provided in §§ 4376.17 through 4376.22 of this section.

4376.17

Any contractor intending to appeal the CCO's proposed debarment or suspension shall appeal to the Contracts Review Committee within 10 calendar days of receipt of the CCO's decision to debar or suspend the contractor.

4376.18

The CCO shall submit a report outlining the proposed debarment or suspension action for the review of the Contracts Review Committee. The Contracts Review Committee may hold an informal hearing within ten (10) calendar days of receipt of the contractor's appeal and request for a hearing, unless such time period is extended by the Committee.

4376.19

The Contracts Review Committee shall issue a final decision within forty-five (45) calendar days after receiving the contractor's appeal. The Contracts Review Committee may issue a decision without a hearing.

4376.20

Each contractor intending to file an appeal of the Contracts Review Committee's decision shall file an appeal with the District of Columbia Contract Appeals Board (CAB). In order for the CAB to consider the appeal, the contractor shall file the appeal within ten (10) calendar days after the contractor receives a written decision from the Contracts Review Committee.

4376.21

The contractor shall exhaust all administrative review procedures provided in this section fully and properly before appealing to the CAB.

4376.22

The CAB shall have exclusive jurisdiction to hear and decide appeals from written decisions of the Contract Review Committee.

D.C. Mun. Regs. tit. 19, r. 19-4376

Final Rulemaking published at 55 DCR 493 (January 18, 2008); as amended by Final Rulemaking published at 60 DCR 13177 (September 20, 2013)

Authority: An Act To establish and provide for the maintenance of a free public library and reading room in the District of Columbia, approved June 3, 1896, as amended (29 Stat. 244, ch. 315, § 5; D.C. Official Code § 39-105 (2012 Supp.)); Section 3205(jjj) of the District of Columbia Government Comprehensive Merit Personnel Act of 1978, effective March 3, 1979 (D.C. Law 2-139; D.C. Official Code § 39-105 (2012 Supp.)); Section 2 of the District of Columbia Public Library Board of Trustees Appointment Amendment Act of 1985, effective September 5, 1985 (D.C. Law 6 17; D.C. Official Code § 39-105 (2012 Supp.)); and the Procurement Reform Amendment Act of 1996, effective April 12, 1997, as amended (D.C. Law 11-259; 44 DCR 1423).