Model Procurement - Jefferson County Public Schools
Model Procurement - Jefferson County Public Schools
Model Procurement - Jefferson County Public Schools
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<strong>Procurement</strong> Regulations<br />
(b) Violation of any federal or state statutes arising out of<br />
the submission of bids and/or proposals;<br />
(c) Commission of embezzlement, theft, forgery, bribery,<br />
falsification or destruction of records, receiving stolen<br />
property, or any other offense indicating a lack of business<br />
integrity or business honesty which seriously and<br />
directly affects the question of present responsibility as a<br />
contractor for the Board; or<br />
(d) For any other cause of such serious and compelling<br />
nature, affecting responsibility as a contractor for the<br />
Board as may be determined by the Director of Purchasing<br />
or the Executive Director of Facilities and Transportation,<br />
as the case shall require.<br />
12.13 Period and Scope of Suspension<br />
12.13.1 Coordination with the Prosecuting Attorney<br />
Upon suspension, notice shall be furnished in accordance<br />
with section 12.17. Except as provided in paragraph 12.14.1,<br />
when a request for hearing is received, the formal advice<br />
of legal counsel shall be solicited concerning the possible<br />
impact of release of evidentiary material on possible civil<br />
or criminal action against the firm or individual. (If such<br />
advice is orally given, a request will be made that legal<br />
counsel promptly confirm it in writing.) Based on this advice,<br />
the Boardʼs representative shall determine whether,<br />
and to what extent, a hearing should be held.<br />
12.13.2 If a hearing is granted, it shall be held no later than<br />
20 days after the receipt of request. Either the Director<br />
of Purchasing or the Executive Director of Facilities and<br />
Transportation, as the case shall require, shall promptly<br />
decide after the hearing whether to continue or terminate<br />
the suspension and notify the firm or individual accordingly.<br />
12.13.3 If it is determined, based upon the advice received<br />
from legal counsel, that to hold a hearing would adversely<br />
effect possible civil or criminal prosecution against the<br />
firm or individual, this determination shall be reduced to<br />
writing and shall be made a part of a formal record. Notice<br />
shall then be furnished to the firm or individual within 20<br />
days after receipt of the request for a hearing that a substantial<br />
interest of the Board would be prejudiced if a hearing<br />
were held but that any information or argument in opposition<br />
to the suspension may be presented in person, in writing<br />
or through representation by counsel. Any information<br />
or argument submitted shall be promptly considered by the<br />
appropriate designee and, if such action is deemed warranted,<br />
the suspension shall be terminated.<br />
12.14 Exceptions<br />
12.14.1 When the basis for suspension is an outstanding<br />
indictment against the firm or individual, the granting of<br />
a hearing is not required, and it is unnecessary to consult<br />
legal counsel.<br />
12.14.2 When the basis for suspension does not involve<br />
possible civil or criminal prosecution against the firm or<br />
individual, it is unnecessary to consult legal counsel, and a<br />
hearing shall be granted if requested.<br />
12.15 Period of Suspension<br />
All suspensions shall be for a temporary period pending<br />
the completion of an investigation and such legal proceedings<br />
as may ensue. In the event prosecutive action is not<br />
initiated by the Board within 12 months from the date of<br />
the notice of suspension, the suspension shall be terminated<br />
unless an authorized prosecuting attorney requests continuance<br />
of the suspension. If such a request is received, the<br />
suspension may be continued for an additional six months.<br />
Notice of the proposed removal of the suspension may be<br />
given to the prosecuting attorney 30 days prior to the expiration<br />
of the twelve-month period. In no event will a suspension<br />
continue beyond 18 months unless the prosecutive<br />
action has been initiated within that period. When prosecutive<br />
action is initiated, the suspension may continue until<br />
the legal proceedings are completed. Upon removal of the<br />
suspension, consideration may be given to debarment in<br />
accordance with section 12.10 (Debarment).<br />
12.16 Scope of Suspension<br />
The scope of suspension shall be the same as that for debarment<br />
as stated in paragraph 12.10.1 (b).<br />
12.17 Notice of Suspension<br />
12.17.1 Upon suspension, the firm or individual concerned<br />
shall immediately be furnished a written notice of the suspension<br />
by either the Director of Purchasing or the Executive<br />
Director of Facilities and Transportation, as the case<br />
shall require.<br />
12.17.2 The notice of suspension shall state that:<br />
(a) The suspension is based on adequate evidence that<br />
the firm or individual has committed irregularities of a<br />
serious nature in business conducted with the Board, or<br />
that the suspension is based on irregularities which seriously<br />
reflect on the propriety of further dealings of the<br />
firm or individual with the Board, together with a description<br />
of the nature of those irregularities, in general<br />
terms, without disclosing the Boardʼs evidence;<br />
(b) The suspension is for a temporary period pending the<br />
completion of an investigation and such legal proceedings<br />
as may ensue;<br />
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