§ 2-1623. Basis for suspension, disqualification or debarment; action by contract compliance director.

(a)

Suspension. The director, in consultation with the chief procurement officer and the city attorney, shall determine if due cause exists for disqualification or debarment of the contractor. Such due cause shall be based upon a finding under the EBO or EEO ordinances of impropriety, fraud, violation of local, state or federal law including, but not limited to, a violation of section 2-1296, section 2-1366, or section 2-1373, a finding from a previous due process hearing which affects the responsibility of a contractor, or other act so serious as to affect the responsibility as a contractor where the use or misuse of a minority, disadvantaged or female business enterprise is at issue. If the determination is in the affirmative, the director shall provide a written notice of the suspension, including a written copy of the director's determination, which shall be sent by certified mail, return receipt requested, to the contractor. Such notice shall state that:

(1)

The suspension is for the period it takes to complete an investigation into the grounds for disqualification or debarment, including any appeal of a disqualification or debarment decision, but in any event not for a period in excess of 120 days.

(2)

Bids or proposals will not be solicited from the suspended contractor, and, if they are received, they will not be considered during the period of suspension.

(3)

Set forth with particularity the actions of the contractor under the city's EBO or EEO policies that constitute the reasons for disqualification or debarment.

(b)

Debarment. The following shall constitute causes sufficient for debarment:

(1)

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 the contract or subcontract where the use or misuse of a minority, disadvantaged or female business enterprise is at issue.

(2)

Conviction under state or federal statutes of embezzlement, theft, forgery, bribery, fraud, 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 contractor, where the use or misuse of a minority, disadvantaged or female business enterprise is at issue.

(3)

Conviction under state and federal antitrust statutes arising out the submission of bids or proposals, where the use or misuse of a minority, disadvantaged or female business enterprise is at issue.

(4)

Disqualification for a second time within a three-year period, where the use or misuse of a minority, disadvantaged or female business enterprise is at issue.

(5)

Knowingly, willfully or fraudulently obtaining certification as a minority or female business enterprise.

(6)

Knowingly, willfully or fraudulently:

a.

Making use of a joint venture or subcontractor that has fraudulently obtained certification;

b.

Making use of a joint venture or a subcontractor that misrepresents the nature of and extent of participation in such business on city contracts; or

c.

Otherwise making false or misleading representations to the city as to the use or misuse of a minority, disadvantaged or female business enterprise.

(7)

Any other cause so serious and compelling as to affect responsibility as a city contractor, including debarment by another governmental entity where the use or misuse of a minority, disadvantaged or female business enterprise is at issue.

(8)

Making any material misrepresentation of the composition of the ownership or work force of a business entity certified to the city as a minority, disadvantaged or female business enterprise.

(9)

Knowingly misrepresenting to the city of the use which a majority-owned contractor intends to make of a minority, disadvantaged or female business enterprise (a business entity, at least 51 percent of which is owned and controlled by a minority, disadvantaged or female person, as defined in section 2-1443 and certified as such by the city), and as a subcontractor or a joint venture partner, in performing work under contract with the city.

(10)

Having been shown to be a high cost lender or a predatory lender, or an affiliate thereof, as defined by City of Atlanta Code section 58-102.

(11)

A violation of section 2-1296, section 2-1366, or section 2-1373.

(Ord. No. 2009-78(09-O-1876), § 16, 12-15-09)