Common use of Contractor Responsibility and Debarment Clause in Contracts

Contractor Responsibility and Debarment. A. A responsible contractor is a contractor who has demonstrated the attribute of trustworthiness, as well as quality, fitness, capacity and experience to satisfactorily perform the contract. It is the policy of the Housing Authority to conduct business only with responsible contractors. B. Contractor is hereby notified that, if the Housing Authority acquires information concerning the performance of Contractor on this or other contracts which indicates that Contractor is not responsible, the Housing Authority may, in addition to other remedies provided in the contract, debar Contractor from bidding on the Housing Authority contracts for a specified period of time not to exceed three (3) years, and terminate any or all existing contracts the Contractor may have with the Housing Authority. C. The Housing Authority may debar a contractor if the Housing Authority’s Board of Commissioners finds, in its discretion, that Contractor has done any of the following: (1) violated any term of a contract with County, the Housing Authority, (2) committed any act or omission which negatively reflects on Contractor's quality, fitness or capacity to perform a contract with County, the Housing Authority or any other public entity, or engaged in a pattern or practice which negatively reflects on same, (3) committed an act or offense which indicates a lack of business integrity or business honesty, or (4) made or submitted a false claim against County, the Housing Authority or any other public entity. D. If there is evidence that Contractor may be subject to debarment, the Housing Authority will notify Contractor in writing of the evidence which is the basis for the proposed debarment and will advise Contractor of the scheduled date for a debarment hearing before the Contractor Hearing Board. E. The Contractor Hearing Board will conduct a hearing where evidence on the proposed debarment is presented. Contractor and/or Contractor’s representative shall be given an opportunity to submit evidence at that hearing. After the hearing, the Contractor Hearing Board shall prepare a proposed decision, which shall contain a recommendation regarding whether Contractor should be debarred, and, if so, the appropriate length of time of the debarment. If Contractor fails to avail itself of the opportunity to submit evidence to the Contractor Hearing Board, Contractor may be deemed to have waived all rights of appeal. F. A record of the hearing, the proposed decision and any other recommendation of the Contractor Hearing Board shall be presented to the Housing Authority’s Board of Commissioners. The Board of Commissioners shall have the right to modify, deny or adopt the proposed decision and recommendation of the Contractor Hearing Board. G. These terms shall also apply to subcontractors and sub-consultants of the Housing Authority contractors.

Contractor Responsibility and Debarment. A. A responsible contractor CONTRACTOR is a contractor CONTRACTOR who has demonstrated the attribute of trustworthiness, as well as quality, fitness, fitness capacity and experience to satisfactorily perform the contract. It is the COUNTY's policy of the Housing Authority to conduct business only with responsible contractorsCONTRACTORS. B. Contractor CONTRACTOR is hereby notified that, in accordance with Chapter 2.202 of the COUNTY Code, if the Housing Authority COUNTY acquires information concerning the performance of Contractor the CONTRACTOR on this or other contracts which indicates that Contractor CONTRACTOR is not responsible, the Housing Authority COUNTY may, in addition to other remedies provided in the contract, debar Contractor CONTRACTOR from bidding on the Housing Authority COUNTY contracts for a specified period of time not to exceed three (3) years, and terminate any or all existing contracts the Contractor CONTRACTOR may have with the Housing AuthorityCOUNTY. C. The Housing Authority COUNTY may debar a contractor CONTRACTOR if the Housing Authority’s Board of Commissioners Supervisors finds, in its discretion, that Contractor CONTRACTOR has done any of the following: (1) violated any term of a contract with County, the Housing AuthorityCOUNTY, (2) committed any act or omission which negatively reflects on ContractorCONTRACTOR's quality, fitness or capacity to perform a contract with County, the Housing Authority COUNTY or any other public entity, or engaged in a pattern or practice which negatively reflects on same, (3) committed an act or offense which indicates a lack of business integrity or business honesty, or (4) made or submitted a false claim against County, the Housing Authority COUNTY or any other public entity. D. If there is evidence that Contractor CONTRACTOR may be subject to debarment, the Housing Authority Department will notify Contractor in writing CONTRACTOR of the evidence which is the basis for the proposed debarment and will advise Contractor CONTRACTOR of the scheduled date for a debarment hearing before the Contractor Hearing Board. E. The Contractor Hearing Board will conduct a hearing where evidence on the proposed debarment is presented. Contractor CONTRACTOR and/or Contractor’s the CONTRACTOR's representative shall be given an opportunity to submit evidence at that hearing. After the hearing, the Contractor Hearing Board shall prepare a proposed decision, which shall contain a recommendation regarding whether Contractor CONTRACTOR should be debarred, debarred and, if so, the appropriate length of time of the debarment. If Contractor CONTRACTOR fails to avail itself of the opportunity to submit evidence to the Contractor Hearing Board, Contractor CONTRACTOR may be deemed to have waived all rights of appeal. F. A record of the hearing, the proposed decision and any other recommendation recommendations of the Contractor Hearing Board shall be presented to the Housing Authority’s Board of CommissionersSupervisors. The Board of Commissioners Supervisors shall have the right to modify, deny or adopt the proposed decision and recommendation of the Contractor Hearing Board. G. These terms shall and conditions also apply to subcontractors and any sub-contractors/sub- consultants of the Housing Authority contractorsCONTRACTOR.