§ 41-4-162 — Suspension or Debarment of Persons or Entities

Alabama § 41-4-162

• Jurisdiction: Alabama
• Title 41: State Government
• Ch. 4: Department of Finance
• Art. 5: Division of Purchasing
• Div. 6: Legal and Contractual Remedies
• Part A: Resolution of Controversies

Text

(a) After reasonable notice to the person or entity involved and reasonable opportunity for that person or entity to be heard, the Chief Procurement Officer, after consultation with the using agency, may do either of the following:
(1) Terminate existing contracts and debar a person or entity for cause from consideration for award of contracts. The debarment may not be for a period of more than three years.
(2) Suspend a person or entity from consideration for award of contracts if there is probable cause for debarment. The suspension may not be for a period exceeding three months.
(b) The Chief Procurement Officer may suspend or debar a person from consideration for award of contracts under subsection (a) for any of the following:
(1) Conviction of a criminal offense that is in connection with obtaining or attempting to obtain a public or private contract or subcontract, or in the performance of the contract or subcontract.
(2) Conviction under state or federal law of embezzlement, theft, forgery, bribery, falsification or destruction of records, receiving stolen property, or any other offense indicating a lack of business integrity or business honesty as a state contractor.
(3) Conviction under state or federal antitrust law arising out of the submission of bids or proposals.
(4) Violation of a contract provision of a character that is regarded by the Chief Procurement Officer to be so serious as to justify debarment action, including either of the following:
a. Deliberate failure, without good cause, to perform in accordance with the specifications or within the time limit provided in the contract.
b. A recent record of failure to perform or of unsatisfactory performance in accordance with the terms of one or more contracts that was not caused by acts beyond the control of the contractor.
(5) Violation of the ethical standards set forth in Chapter 25 of Title 36.
(6) Violation of an order of the Chief Procurement Officer.
(7) Any other cause the Chief Procurement Officer determines to be serious and egregious misconduct.
(c) Any decision by the Chief Procurement Officer to debar or suspend a person shall be in writing. The writing shall state the reasons for the action taken.
(d)(1) A copy of the decision made under subsection (c) shall be mailed or otherwise furnished immediately to all of the following:
a. The debarred or suspended person.
b. Any other party intervening.
c. All state procurement officials governed by this article with contracting authority who shall decide whether the suspension or debarment warrants termination of existing contracts with the suspended or debarred person or entity.
(2) Contracts may not be awarded to the suspended or debarred person during the suspension or debarment period established by the Chief Procurement Officer.
(e) A decision under subsection (c) shall be final and conclusive, unless fraudulent, or the debarred or suspended person appeals administratively to the Director of Finance in accordance with Section 41-4-164.
(f) The Chief Procurement Officer shall maintain a list of suspended or debarred persons or entities and make it reasonably available for inspection.

Legislative History

(Act 2021-296, §2.)