Loading...
HomeMy WebLinkAbout1986-061-04/15/1986-BIDDING PURCHASING AGENT RULES PROCEDURES RESOLUTION 86-61 OF THE COUNCIL OF THE CITY OF FORT COLLINS APPROVING CERTAIN RULES AND PROCEDURES OF THE PURCHASING AGENT PERTAINING TO BIDDING WHEREAS, Section 2-58 of the Code of the City of Fort Collins authorizes the Purchasing Agent to strike names from the bidders list for good cause, in accordance with rules and procedures to be established and approved by the Council ; and WHEREAS, the Purchasing Agent has presented to the Council certain rules and procedures pertaining to the suspension or removal of bidders from the bid list, a copy of which is attached hereto and incorporated herein by this reference; and WHEREAS, the Council has duly considered said proposed rules and procedures and has deemed it to be in the best interests of the City of Fort Collins that said rules and procedures be approved and adopted. NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF FORT COLLINS that the rules and procedures of the Purchasing Agent for suspension and removal be, and the same hereby are, approved and adopted. `Passed and adopted at a regular meeting of the Council of the City of Fort Collins held this 15th day of April , A.D. 1986. Mayor ATTEST: City Clerk PURCHASING AGENT - RULES AND PROCEDURES I - RULES REMOVAL - SUSPENSION Resolution of controversies . (1) The Purchasing Agent is authorized to settle and resolve any questions regarding removal or suspension from consideration for award of contracts . (2 ) Any decision of the Purchasing Agent or a designee is subject to appeal de novo to the Director of Finance pursuant to the provisions of these Rules and Proce- dures . Removal and suspension. (1) (a) After reasonable notice to the person involved and reasonable opportunity for that person to be heard, the Purchasing Agent shall have authority to remove a person for any of the reasons set forth in subsection ( 2) of this section from con- sideration for award of contracts. The removal shall not be for a period of more than three (3) years . (b) The Purchasing Agent shall have authority to sus- pend a person from consideration for award of contracts if there is probable cause to believe that such person has engaged in activities that may lead to removal . The suspension shall not be for a period exceeding three (3) months . How- ever. , if a criminal indictment has been issued for an offense which would be a cause for removal under. subsection (2) of this section, the suspen- sion shall , at the request of the City Attorney, remain in effect until after the trial of the suspended person . (c) The authority to remove or suspend shall be exer- cised pursuant to rules which shall provide for an expeditious resolution of the issue of removal or. suspension . (2) A person may be removed for any of the following rea- sons : (a) Conviction of a criminal offense as an incident to obtaining or attempting to obtain a public or II - PROCEDURES Suspension. (1) Initiation . After consultation with the affected using department, the City Attorney, and where prac- ticable, the contractor or potential contractor who is to be suspended, the Purchasing Agent may issue a written determination to suspend a person from con- sideration of contracts pending an investigation to determine whether cause exists for removal . A notice of suspension, including a copy of the determination, shall be sent to the suspended contractor or prospec- tive contractor . Such notice shall : (a) state that the suspension will be for the period necessary to complete an investigation into pos- sible removal ; (b) inform the suspended person that bids or propos- als will not be solicited from him or her and, if received, will not be considered during the period of suspension; and (c) inform the contractor or prospective contractor of his or her right to appeal . (2) Effect of decision. A contractor or prospective contractor is suspended upon issuance of the notice of suspension; the suspension shall remain in effect during any appeal . Removal . (1) Initiation. Following completion of the investiga- tion to determine whether a contractor or prospective contractor has engaged in activities which are a cause for removal , and after consultation with the affected using departments and the City Attorney, the Purchasing Agent may debar a contractor or prospec- tive contractor. A written notice of removal shall be sent by certified mail , return receipt requested. The notice shall state the reason for debarment and shall inform the person so removed of his or her right to appeal the decision. (2) Effect of removal decision. A removal decision will take effect thirty (30) days after the contractor or prospective contractor receives notice of the deci- sion unless an appeal is filed during that time. After the removal decision takes effect, the person shall remain so removed unless a court or the Direc- tor of Finance , or the Purchasing Agent orders other.- -3- sented, copies of all written statements , and a sum- mary of the hearing shall be sufficient record. The Director of Finance or his designee may: (a) hold informal conferences to settle, simplify, or fix the issues or to consider other matters that may aid in an expeditious disposition of the appeal ; (b) require parties to state their position with respect to the various issues ; (c) require parties to produce for examination those relevant witnesses and documents under their. con- trol ; (d) regulate the course of the hearing and conduct of participants; (e) receive , rule on , exclude, or limit evidence and limit lines of questioning or testimony which are irrelevant , immaterial or unduly repetitious; (f) request and set time limitation for submission of briefs ; and (g) administer oaths or. affirmations . Decision by the Director of Finance. The Director of Finance or his designee shall promptly issue a final written decision on the issue. However, if an action concerning the suspension or removal has been commenced in court, the Director of Finance shall not act on the matter but shill refer it to the City Attorney . -5-