(a) Debarment. After reasonable notice to the person involved and reasonable opportunity for that person to respond, the Director, after consultation with the Using Department and the County Attorney, may debar a person for cause from consideration for award of contracts. The Director must determine the length of time the contractor is debarred. The length of time should not be less than the time which would be expected to include one or more solicitations for the type of work being provided by the debarred contractor. The debarment time imposed by the Director is not limited by the debarment time imposed by another public entity. The Director may hold a hearing if necessary to determine if a person should be debarred and may designate a hearing officer to take evidence and propose findings to the Director.
(b) Suspension. The Director, after consultation with the Using Department and the County Attorney, may suspend a person from consideration for award of contracts if there is probable cause for debarment. The suspension must not be for more than 6 months.
(c) Causes for debarment or suspension. The causes for debarment or suspension may include:
(1) conviction for commission of a criminal offense incident to obtaining or attempting to obtain a public or private contract or subcontract, or in the performance of the contract or subcontract;
(2) conviction of embezzlement, theft, forgery, bribery, falsification or destruction of records, receiving stolen property, kickbacks or any other offense indicating a lack of business integrity;
(3) conviction under state or federal antitrust statutes arising out of the submission of bids or proposals;
(4) violation of County contract provisions of a character which is regarded by the Director to be so serious as to justify debarment action. These provisions may include:
(A) deliberate failure without good cause to perform under the specifications or within the time limit provided in the contract; or
(B) a record of failure to perform or of unsatisfactory performance under the provisions of one or more contracts; however, failure to perform or unsatisfactory performance caused by acts beyond the control of the contractor are not a basis for debarment;
(5) violation of the wage requirements in Section
11B-33A;
(6) any other serious cause the Director determines to be so compelling as to affect the competency or integrity of a potential contractor, including debarment by another public entity; or
(7) violation of the ethical standards set forth in this Chapter or
Chapter 19A.
(d) Decision. The Director must issue a written decision to debar or suspend. The decision must:
(1) state the reasons for the action taken; and
(2) inform the debarred or suspended person of the right to an administrative appeal, after the decision becomes final, to the Circuit Court under the Maryland Rules.
(e) The Director must send a copy of the decision to the person involved and the Chief Administrative Officer who may approve, revise, or remand the decision. If the Chief Administrative Officer takes no action within 5 working days, the decision of the Director becomes final.
(f) Appeal to court. The debarred or suspended person may appeal the decision to debar or suspend to the Circuit Court under the Maryland Rules governing administrative appeals. The debarred or suspended person and the County may appeal the decision of the Circuit Court to the Court of Special Appeals. (1994 L.M.C., ch. 30, § 1; , §1.)
