10.12.01 Disbarment & Suspension
CITY OF BOYNTON BEACH, FLORIDA ADMINISTRATIVE POLICY MANUAL CHAPTER: 10 Purchasing Policy No. 10.12.01 SECTION: 12 Debarment & Suspension Page: 1 of 3 SUBJECT: 01 Authority to Debar
or Suspend PURPOSE: This policy will establish the authority for the City to debar or suspend a business or person from consideration for award of contract or bids. Authority: The Purchasing
Agent, after consulting the City Manger and City Attorney, shall have the authority to debar or suspend a business or person from consideration for bid awards. For reasonable cause the
suspension can range from one (1) to three (3) years. Causes for Debarment or Suspension: The causes for debarment or suspension include, but are not limited to, the following: 1. Conviction
or commission of a criminal offense incident to obtaining or attempting to obtain a public or private contract or subcontract or incident to performance of such contract or subcontract.
2. Conviction under state or federal statutes of a public entity crime, embezzlement, theft, forgery, bribery, falsification or destruction of records, receiving of stolen property or
any other offense indicating a lack of business integrity or business honesty which currently, seriously and directly affect responsibility as a contractor. 3. Conviction under state
or federal antirust statutes arising out of the submission of bids or proposals. 4. Violation of materials bid/contract provisions: 1. Deliberate failure without good cause to perform
in accordance with the specifications or within the time limit provided in the bid/contract or, 2. A recent record of failure to perform of unsatisfactory performance in accordance with
the term of one or more bids/contracts; consideration may be given in case of failure to perform or unsatisfactory performance caused by acts beyond the control of the contractor.
Policy No. 10.12.01 –Debarment & Suspension Page: 2 of 3 5. Any other material factor which adversely affects the responsibility as a City contractor or potential City contractor, including
suspension. or debarment by another governmental entity. 6. Reputation of a bid/contract by failure to provide bonds, insurance, or other required certificates prior to award of contract.
7. Expiration or revocation of licenses required or failure to renew licenses required. 8. Refusal to accept an agreement or contract, or to perform an agreement or contract in conformance
with the bid requirements. 9. General performance of a contract evaluated in writing as "poor” or "unsatisfactory." 10. Presence of principals or corporate officers in the business or
concern, who were principals or corporate officers or directors within another business at the time when the other business was suspended or debarred within the last five (5) years under
the provisions of this section. 11. Violation of the ethical standards set forth in City, State, and Federal Law or Regulations. Decision to Debar or Suspend: A decision to debar or
suspend shall be issued in writing to a business or person from the City Manager or his Designee and shall: 1. State the reason(s) for the action taken. 2. State the period of suspension/debarment.
3. Inform the suspended or debarred business or person involved of their right to administrative review as provided in this policy. Notice of Decision: A copy of the decision under this
section shall be mailed or otherwise furnished to the suspended or debarred business or person and any other affected party. Finality of Decision: A decision to debar or suspend shall
be final and conclusive, unless the debarred or suspended business or person, within ten (10) business days after receipt of the decision, files a written notice of appeal to the City
Manager, in which event the decision shall be deemed final and conclusive if and when the decision is affirmed by the City Manager.
Policy No. 10.12.01 -Debarment & Suspension Page: 3 of 3 DEVELOPED BY: Purchasing Division EFFECTIVE DATE: February 1, 1998 Kerry Willis City Manager