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2141-3. Determination of Contractor Non-Responsibility.
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(a) Prior to a contract being awarded by the County, the County may determine that a party submitting a bid or proposal is non-responsible for purposes of that contract. In the event that the County determines that a bidder/proposer is non-responsible for a particular contract, said bidder/proposer shall be ineligible for the award of that contract. (Ord. 2291, § 1, 1/7/2003)

(b) The County may declare a contractor to be non-responsible for purposes of a particular contract if the County, in its discretion, finds that the contractor has done any of the following: (1) committed any act or omission which negatively reflects on the contractor’s quality, fitness or capacity to perform a contract with the County or any other public entity, or engaged in a pattern or practice which negatively reflects on same; (2) committed an act or omission which indicates a lack of business integrity or business honesty; or (3) made or submitted a false claim against the County or any other public entity. (Ord. 2291, § 1, 1/7/2003)

(c) Before making a determination of non-responsibility pursuant to this chapter, the department head, with prior approval of the County Administrative Officer (CAO), shall give written notice to the contractor of the basis for the proposed non-responsibility determination, and shall advise the contractor that a non-responsibility hearing will be scheduled on a date certain. Within 30 days of the written notice to contractor, CHB with assistance from the department head, shall conduct a hearing where evidence on the proposed non-responsibility determination is presented. The contractor, or other authorized representative of the contractor, shall be afforded an opportunity to appear at the non-responsibility hearing and to submit documentary evidence, present witnesses and offer rebuttal evidence. After such hearing, the CHB shall have 10 business days to prepare a proposed decision, which shall contain a recommendation regarding whether the contractor should be found non-responsible with respect to the contract(s) at issue. A record of the hearing, the proposed decision, and any recommendation shall be presented, by the department head, to the Board of Supervisors at the next available Board meeting. The Board of Supervisors may, in its discretion, limit any further hearing to the presentation of evidence not previously presented. The Board of Supervisors shall have the right to modify, deny or adopt the proposed decision and recommendation of the department head. A non- responsibility finding shall become final upon approval by the Board of Supervisors. (Ord. 2291, § 1, 1/7/2003)

(d) The decision by the County to find a contractor non-responsible for a particular contract is within the sole discretion of the County. The seriousness and extent of the contractor’s acts, omissions, patterns or practices as well as any relevant mitigating factors may be considered by the County in determining whether a contractor should be deemed non-responsible. (Ord. 2291, § 1, 1/7/2003)