Authority, causes, violations, decisions
§9-101 Authority to Resolve Protested Solicitations and Awards
All protests and/or grievances related to procurements exceeding $50,000.00 shall be governed by Hillsborough County Code of Ordinances and Laws, Part A, Chapter 2, Article VI, Division 3, entitled Hillsborough County Procurement Protest Policy and Procedures. The Director of Procurement shall promulgate procedures to address protests or grievances related to procurements of $50,000.00 or less, which are not covered by Hillsborough County Code of Ordinances and Laws, Part A, Chapter 2, Article VI, Division 3, entitled Hillsborough County Procurement Protest Policy and Procedures.
§9-102 Authority to Debar or Suspend
(1) Authority
After reasonable notice to the person involved and reasonable opportunity for that person to be heard, the Director of Procurement, after consultation with the Using Agency and the County Attorney, shall have authority to debar a person or entity for cause from future consideration for award of contracts. The debarment shall not be for a period of more than twenty-four (24) months. The Director of Procurement, after consultation with the Using Agency and the County Attorney, shall also have the authority to suspend a person or entity from consideration for award of contracts if there is probable cause for debarment. The suspension shall not be for a period of more than three (3) months. The authority to debar or suspend shall be exercised in accordance with the procedures.
(2) Causes for Debarment or Suspension
The causes for debarment or suspension include the following:
- (a) Conviction for commission of a criminal offense as an incident to obtaining or attempting to obtain a public or private contract or subcontract, or in the performance of such contract or subcontract;
- (b) Conviction under State or federal statutes of embezzlement, theft, forgery, bribery, falsification or destruction of records, receiving stolen property, or any other offense indicating a lack of business integrity or business honesty which currently, seriously, and directly affects responsibility as a County contractor;
- (c) Conviction under State or federal antitrust statutes arising out of the submission of bids or proposals;
- (d) Violation of contract or solicitation provisions, as set forth below, of a character which is regarded by the Director of Procurement to be so serious as to justify debarment action;
- (i) Deliberate failure without good cause to perform in accordance with the specifications or within the time limit provided in the contract;
- (ii) 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 caused by acts beyond the control of the contractor shall not be considered to be a basis for debarment; or
- (iii) Deliberate failure to honor an irrevocable offer.
- (e) Any other cause the Director of Procurement determines to be so serious and compelling as to affect responsibility as a County contractor, including debarment by another governmental entity for any cause determined by the Director of Procurement to be relevant and reasonable ; and
- (f) For violation of the ethical standards set forth in Section 12 (Ethics in Public Contracting).
(3) Director’s Decision
The Director of Procurement shall issue a written decision to debar or suspend. The decision shall:
- (a) State the reasons for the action taken; and
- (b) Inform the debarred or suspended person or entity involved of its right to administrative review as provided in this Section.
(4) Notice of Decision
A copy of the decision under Subsection (3) of this Section shall be mailed or otherwise furnished immediately to the debarred or suspended person or entity and any other party intervening.
(5) Administrative Review of Director’s Decision
The person/entity shall have the right to appeal the Director’s decision to the County Administrator in the form and manner prescribed by the Procedures; whereupon the County Administrator will either uphold or overturn the Director’s decision. In the event the County Administrator upholds the Director’s decision to debar or suspend, then the person/entity shall have the right to appeal the debarment/suspension to the Hillsborough County Board of County Commissioners in the form and manner prescribed by the Procedures.
(6) Finality of Decision
The Director’s decision to debar or suspend under Subsection (3) of this Section shall be final and conclusive, unless (i) fraudulent, or (ii) the debarred/suspended person/entity requests administrative review of the Director’s decision in the manner and form prescribed by the Procedures; whereupon, the decision by the County Administrator shall be final and conclusive unless such decision is appealed to the Board of County Commissioners; whereupon, the decision by the Board of County Commissioners shall be final and conclusive.