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5.33.530 Debarment of Prospective Offerors.

City Code Section

(Amended by Ordinances 183445 and 185898, effective February 20, 2013.)

  1. A.  The City may Debar prospective Offerors pursuant to ORS 279B.130 and this rule.
  2. B.  The City may debar a prospective Offeror from consideration for City Contracts for a period up to three (3) years if:
    1. 1.  The Offeror has been convicted of a criminal offense as an incident in obtaining or attempting to obtain a public or private Contract or Subcontract or in the performance of such Contractor or Subcontract;
    2. 2.  The Offeror has been convicted 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 that currently, seriously and directly affects the Offeror’s responsibility as a Contractor;
    3. 3.   The Offeror has been convicted under state or federal antitrust statutes;
    4. 4.    The Offeror has committed a violation of a Contract provision that is regarded by the City or the Construction Contractors Board to be so serious to justify disqualification. A violation may include, but is not limited to, a failure to perform the terms of a Contract or an unsatisfactory performance in accordance with the terms of the Contract.  However, a failure to perform or an unsatisfactory performance caused by acts beyond the control of the Contractor may not be considered to be a basis for debarment; or
    5. 5.  The Offeror does not carry workers’ compensation or unemployment insurance as required by Oregon Law.  
  3. C.  The City may debar a prospective Offeror as follows:
    1. 1.  Issue a Written decision that states the reasons for the action taken and informs the Offeror of the appeal rights under ORS 279B.435 and Section 5.33.760; and
    2. 2.  Mail or immediately furnish a copy of the decision to the debarred Offeror.  
  4. D.  Notwithstanding the limitation on the term for Debarment in ORS 279B.130(1)(b) and this rule, the City may determine that a previously Debarred Bidder or Proposer is not Responsible for a given Contract prior to Contract Award.
  5. E.  Imputed Knowledge.  The City may attribute improper conduct of a Person or its affiliate having a Contract with a prospective Offeror to the prospective Offeror for purposes of debarment where the impropriety occurred in connection with the Person’s duty for or on behalf of, or with the knowledge, approval, or acquiescence of, the prospective Offeror.
  6. F.  Limited participation. The City may allow a Debarred Person to participate in solicitations and Contracts on limited basis during the Debarment period upon Written determination that participation is Advantageous to the City. The determination shall specify the factors on which it is based and define the extent of the limits imposed.