West Contra Costa Unified School District: CONTRACTOR DEBARMENT POLICY Facilities Sub-Committee October 9, 2012

© 2012 Orbach Huff & Suarez, LLP Debarment Rational  Contracting with the West Contra Costa Unified School District is an important District affair.  The award of contracts to contractors who fail to deal with the District in good faith compromises the integrity of the contracting process and results in the improper expenditure of public funds.  The Debarment Policy safeguards public trust by providing the Board of Education with a means to protect itself from business relations with dishonest, unethical or otherwise irresponsible persons.

© 2012 Orbach Huff & Suarez, LLP Debarment Policy Debarment Policy is designed to accomplish the following:  Comply with Public Contract Code sections 1103 and  Implement Board Policy (“BP”) 3311 and Administrative Regulation (“AR”) 3311 to ensure that District contracts are let to responsible bidders.  Establishes grounds for debarment.  Set forth procedures to determine whether a bidder is not responsible.  Set forth procedures to debar non-responsible contractors from bidding or contracting with the District.

© 2012 Orbach Huff & Suarez, LLP Reasons for Debarment Submission of false information in response to an advertisement or invitation for bids or quotes, a request for qualifications or a request for proposals; Failure to comply with the terms of a contract; A pattern and practice of disregarding or repudiating terms or conditions of District contracts, including without limitation:  Repeated failures to provide and thereafter abide by a schedule for contract performance;  Repeated unexcused delays;  Repeated failure to timely pay subcontractors or suppliers as required by law and the Contract Documents;  Repeated practice of allowing stop notices, stop payment notices or other liens to be served upon the District as a result of the Contract;  Generating or causing unnecessary and disruptive claims from subcontractors or suppliers;  Failure to provide required valid performance bond(s) and/or payment bond(s);  Repeated failure to provide efficient project supervision;  Repeated failures to correct and manage poor performance of Contractor’s subcontractor(s) and/or subconsultant(s);  Repeated poor performance;  Repeated failures to follow directions of District staff, architects, project inspectors, or other persons or entities with recognized authority over a District project.

© 2012 Orbach Huff & Suarez, LLP Process  Initiation of Debarment Proceedings Initiated by written “Notice of Proposed Debarment”  Respondent’s Request for a Hearing The request must be made within fourteen (14) calendar days.  Order Relative to Hearing The Hearing Officer shall issue an order granting the Respondent's request for a hearing, establishing the time and place thereof, and advising the Respondent of the consequences of a failure to appear at the hearing. The date of the hearing shall be held between forty-five (45) and sixty (60) calendar days of the date of the District’s receipt of the Respondent’s request for a hearing.

© 2012 Orbach Huff & Suarez, LLP Process, cont.  Hearing  Decision “Debarment”: The administrative determination against a Contractor declaring that the Contractor is non- responsible and/or is debarred from participating in the competitive process for contracts with the District or from entering into contracts with the District for a period of time commensurate with the seriousness of the offense or failure specified in the debarment order.