§ 2-1366. Penalties for false certification.

(a)

If the OCC determines that a business submitted a false certification of its SBE status, the OCC, in consultation with the chief procurement officer and the city attorney, shall consider suspension or debarment of the business pursuant to the provisions contained in division 16 herein.

(b)

If a determination is made to suspend or debar the business, OCC shall provide a written notice of the suspension, which shall be sent by certified mail, return receipt requested, to the contractor. Such notice shall state that:

(1)

If there is a suspension, the period of the suspension.

(2)

Bids or proposals will not be solicited from the suspended or debarred 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 business that constitute the reasons for disqualification or debarment.

(c)

Debarment. The business shall be debarred pursuant to the provisions contained in division 16 herein if it is determined that the false certification was made knowingly, willfully or fraudulently.

(d)

If the OCC determines that a business submitted a false certification of its SBE status, the OCC, in consultation with the chief procurement officer and the city attorney, shall consider referring the matter to appropriate federal, state, or local authorities for consideration of possible criminal violations.

(Ord. No. 2009-78(09-O-1876), § 9, 12-15-09)