§ 66-269. Penalties.

(a)

Bidders, proposers, contractors, consultants, vendors, subcontractors, suppliers and MWBEs who violate the provisions of this article, or who provide fraudulent information in relation to MWBE eligibility or MWBE utilization, shall be subject to any or all of the following penalties, as determined by the procurement official:

(1)

Declaration that the bid or proposal is non-responsive and the bidder or proposer is ineligible for award of the contract;

(2)

Consideration by the city of such factor in determining past performance and best value in future procurements for up to two years;

(3)

Declaration of breach or default of the applicable contract;

(4)

Termination of any present contract(s);

(5)

Declaration that all amounts paid to the prime contractor intended for expenditure with an MWBE will be forfeited and may be recoverable by the city;

(5)

Suspension from bidding on city contracts pursuant to section 66-123 of this Code;

(6)

Permanent debarment from bidding on city contracts pursuant to section 66-124 of this Code;

(7)

Revocation of MWBE certification for up to two years, if an MWBE.

(b)

The city may require such reports, information and documentation from bidders, contractors or vendors as are reasonably necessary to determine compliance with the requirements of this article.

(c)

Appeal of penalties shall be pursuant to appeals procedures outlined in section 66-270 of this article.

(Ord. No. 4679-18, § 3, 12-17-2018)