D.C. Mun. Regs. r. 27-2213

Current through Register Vol. 71, No. 24, June 14, 2024
Rule 27-2213 - DEBARMENT
2213.1

The Director may debar a person for any of the causesset forth in§ 907(a)(1)of the

Act or any other applicable statute, regulation, or final decision,unless the Director makes a finding in writing that it would be contrary to the best interest of the District to do so or the present responsibility of the person is such that a debarment would not be warranted.

2213.2

Debarment shall constitute debarment of all divisions andother organizational elements of the person, and all commodities offered by the person, unless the debarment decision is limited by its terms to specific divisions, organizational elements, or commodities.

2213.3

Debarmentshall constitute debarment of any affiliates of the person if the Director specifically names the affiliate in the finding and gives the affiliate written notice of the proposed debarment and an opportunity to respond in accordance with the provisions of this chapter.

2213.4

Debarment shall be for a period commensurate with the seriousness of the cause(s), but shall not exceed five (5) years except as provided in §2212.9 of this chapter. If suspension precedes a debarment, the suspension period shall be included in the debarment period.

2213.5

The Director may reduce the period or extent of debarment, upon the person's request supported by documentation, for the following reasons:

(a) Newly discovered material evidence;
(b) Reversal of the conviction or judgment upon which debarment was based;
(c) Bona fide change in ownership or management;
(d) Elimination of other causes for which the debarment was imposed; or
(e) Other reasons that the Director deems appropriate.
2213.6

The Director may extend the debarment period for an additional period if the Director determines that the extension is necessary to protect the interest of the District. However, a debarment may not be extended solely on the basis of the facts and circumstances upon which the initial debarment was based. The extension of debarment shall be subject to the procedures set forth in §2214 of this chapter.

D.C. Mun. Regs. r. 27-2213

Final Rulemaking published at 35 DCR 1533 (February 26, 1988); amended by Final Rulemaking published at 66 DCR 14414 (11/1/2019)