Each agency, instrumentality, and unit of the City shall promptly report to the Board any information that indicates a cause for debarment under:§ 40- 5 {“Automatic debarment for certain bribery offenses”};
§ 40-6 {”Other bribery offenses”};
§ 40-7 {“Violations of other laws”}; or
§ 40-8 {“Other events”}.
The Board shall seek to obtain from the State Board of Public Works timely copies of reports made to the State Board under § 16-302 of the State Finance and Procurement Article.
Ord. 00-005
This section applies if:a person is convicted of an offense described in <cite data-path="|5|§40-5">§ 40-5 {“Automatic debarment for certain bribery offenses”} of this subtitle</cite>; and
that person or a business in which that person is a principal is seeking a contract with the City.
When the Board learns of the conviction, the Board shall:notify the person of the person’s automatic debarment under <cite data-path="|5|§40-5">§ 40-5 of this subtitle</cite>; and
give the person reasonable opportunity to be heard on whether the stated basis for debarment exists.
Ord. 00-005
This section applies if:a person is subject to debarment under § 40-6 {“Other bribery offenses”}, § 40-7 {“Violations of other laws”}, or <cite data-path="|5|§40-8">§ 40-8 {“Other events”} of this subtitle</cite>; and
that person or a business in which that person is a principal is seeking or is performing under a contract with the City.
When the Board receives information that indicates a basis for debarring a person under § 40-6, § 40-7, or <cite data-path="|5|§40-8">§ 40-8 of this subtitle</cite>, the Board may institute debarment proceedings by notice to that person.
The notice shall state:the grounds for the debarment;
the person’s right to a hearing before the Board; and
that the right to a hearing is waived unless the person files a request for hearing as required by subsection (c) of this section.
A request for a hearing must be:in writing; and
filed with the Board within 30 days after the person received the notice.
If the person fails to file a request for hearing as required by subsection (c) of this section, the person:waives the right to a hearing; and
is debarred.
Ord. 00-005
Pending a final decision on a debarment, the Board may suspend any person against whom debarment proceedings have been instituted under this subtitle.
A business is suspended to the same extent that a person is suspended under this section if:the suspended person’s debarment would cause the debarment of the business under <cite data-path="|5|§40-20">§ 40-20 {“Debarment of businesses”} of this subtitle</cite>; and
the Board notifies the business of its suspension under this subsection.
A person or business suspended under this section may petition the Board to modify or terminate the suspension.
In its sole discretion, the Board may conduct a hearing on the petition.
In considering the petition, the Board shall determine whether the integrity of the contracting process and the best interests of the City would be served by continuing, modifying, or terminating the suspension.
The Board shall give the petitioner notice of the Board’s decision.
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Within 90 days after receipt of a request for a hearing, the Board shall:conduct a hearing; and
decide whether the person should be debarred.
The time for hearing and decision may be extended by the Board for good cause shown.
In a proceeding under § 40-6, § 40-7, or <cite data-path="|5|§40-8">§ 40-8 of this subtitle</cite>, the Board shall:determine whether the integrity of the contracting process and the best interests of the City would be served by debarring the person from entering into or performing contracts with the City; and
for that purpose, consider all relevant factors, including:the nature and seriousness of the act that caused the person to be subject to debarment;
the time the act occurred;
whether and to what extent the person cooperated with authorities investigating the matter;
the conditions under which the person cooperated; and
the conduct of the person since the act occurred.
The Board shall notify the person of the Board’s decision.
The notice shall:state whether the person is debarred for the act in question; and
if the person is debarred, state the period of debarment.
Ord. 00-005
A business is debarred from entering into or performing under a contract with the City if the Board debars any principal in that business.
A business debarred under subsection (a) of this section is debarred to the same extent as the debarred principal.
A business remains debarred under this section:as long as the debarred person remains with the business in any principal capacity; or
until the debarment is removed in accordance with this subtitle.
The Board shall notify a business of any debarment of the business under this section.
Ord. 00-005