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.-
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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 .
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