§ 2-9D-25. SANCTIONS.

(A)

The following violations of this chapter are unlawful and may result in sanctions:

(1)

providing false or misleading information to the City in connection with an application for or challenge to certification, recertification or decertification as a MBE/WBE;

(2)

providing false or misleading information to the City in connection with submission of a Bid, responses to requests for qualifications or Proposals, Good Faith Efforts documentation, post-award compliance, or other Program operations;

(3)

substituting MBE/WBE Subcontractors without first receiving approval for such substitutions;

(4)

bid shopping;

(5)

contract changes made without an approved Request for Change; or

(6)

committing any other violations of the provisions of this chapter.

(B)

A Bidder, Proposer, Contractor, Subcontractor or applicant for certification is subject to being barred, suspended, or deemed non-responsible in future City Solicitations and contracts for a period up to five years, if it is found to have:

(1)

provided false or misleading information in connection with an application for certification or recertification;

(2)

provided false or misleading information in connection with the submission of a Bid or Proposal or documentation of Good Faith Efforts, post-award compliance, or other Program operations;

(3)

failed to fulfill contractual Goals or Subgoals and thereby materially breached the Contract; or

(4)

repeatedly failed to comply in good faith with substantive provisions of this chapter.

(C)

When the Director, the Contract Awarding Authority, or any other City official identifies a violation of this chapter, such violation must be referred to the Purchasing Office for evaluation of proper sanctions. Such evaluation shall include consultation with the Law Department prior to any recommendation for sanctions.

(D)

Department procedures shall be promulgated and conducted by the Purchasing Office of the Finance and Administrative Services Department.

(E)

A MBE/WBE that repeatedly and knowingly refuses to honor Bid or Proposal prices is subject to being decertified by the Director, after notice and hearing.

(F)

Nothing in this chapter shall be deemed to prevent the city attorney from seeking criminal sanctions at municipal court or referring the matter to other appropriate law enforcement authorities, as authorized by this section.

(G)

Where appropriate and lawful, the City may by Contract impose a fixed sum as a penalty to be paid by the Bidder/Proposer for an unexcused failure to meet the Goals or Subgoals or to otherwise comply with the Program.

(H)

In addition to other sanctions available to the City, the violation of any provision of this chapter may be included as an incident of breach in each Contract.

(I)

For federally funded contracts administered pursuant to federal regulations, sanctions may be imposed as provided therein.

Source: Ord. 20060608-061; Ord. 20101028-043.