§ 2-914. Procedures and causes for disqualification from consideration for award of a bid contract with Jefferson Parish.

(a)

The causes for disqualification from consideration for award of a bid contract with Jefferson Parish are as follows:

(1)

Conviction for commission of a criminal offense as an incident to obtaining or attempting to obtain a public or private contract or subcontract, or in the performance of such contract or subcontract;

(2)

Conviction under state or federal statutes 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 which currently, seriously, and directly affects responsibility as a parish contractor;

(3)

Conviction under state or federal antitrust statutes arising out of the submission of bids or proposals;

(4)

Violation of contract provisions, as set forth below, of a character which is regarded by the purchasing director for Jefferson Parish to be serious as to justify disqualification:

a.

Deliberate failure without good cause to perform in accordance with the specifications of within the time limit provided in the contract;

b.

A recent record or failure to perform or of unsatisfactory performance in accordance with the terms of one (1) or more contracts; provided that failure to perform or unsatisfactory performance caused by acts beyond the control of the contractor shall not be considered to be a basis for disqualification; or

c.

Failure to timely pay, without cause, a subcontractor for work performed under a construction contract as required under section 2-976 in chapter 2, article VII, of the Jefferson Parish Code of Ordinances, provided disqualification on such basis shall not exceed a period of one (1) year from the deadline to pay the subcontractor.

(5)

Any other cause the purchasing director determines to be so serious and compelling as to affect responsibility as a parish contractor, including debarment by another governmental entity for any cause;

(6)

Violation of the state code of ethics or the ethical standards set forth in the Jefferson Parish Code of Ordinances;

(7)

Failure to service, provide and/or maintain necessary licenses and/or permits during the term of the contract;

(8)

Failure to comply with the Jefferson Parish Code of Ordinances and/or the Jefferson Parish Comprehensive Zoning Ordinance; and

(b)

The procedures for disqualification from consideration for award of a bid contract with Jefferson Parish are as follows:

(1)

Step 1: Prior to making a recommendation to the Council regarding a bid acceptance which proposes to disqualify any bidder, either as a potential bidder or as the low bidder, on grounds that such bidder is not a "responsible bidder" for any of the causes for disqualification enumerated in subsection (a) herein or for any and all other reasons for disqualification for lack of responsibility provided in R.S. 38:2212 et seq. and related statutes, the department head shall first contact the bid disqualification review committee to establish a date and time for an informal hearing conducted by the committee, at which hearing the low bidder whose bid is proposed to be disqualified shall be afforded the opportunity to refute the reasons for the proposed action. The date for the hearing shall be scheduled to occur not later than five (5) business days after the date of the written notice of disqualification is sent to the bidder as required herein. The department head shall then send written notice to the bidder, which notice shall contain the reasons for the proposed disqualification as well as the date, time and location of the informal hearing before the bid disqualification review committee. The notice shall be sent to the bidder via electronic mail and certified mail with return receipt requested, and a copy of the notice shall also be sent to the parish attorney's office and to each member of the bid disqualification review committee as constituted for such hearing under the provisions of section 2-864 of the Jefferson Parish Code of Ordinances. The parish attorney's office shall properly notice the bid disqualification review committee hearing as a public meeting pursuant to applicable open meetings laws.

(2)

Step 2: The bid disqualification review hearing shall be conducted by the bid disqualification review committee not later than five (5) business days after the date of the notice of disqualification. The administration representative on the bid disqualification review committee shall issue the committee's ruling in writing and deliver it to the affected bidder not later than five (5) business days after the date of the bid disqualification review committee hearing. No award of the bid contract shall be made prior to the expiration of at least five (5) working days following the date of the bid disqualification review committee hearing.

(3)

Step 3: The department head shall prepare a recommendation packet to the council no later than the Monday before the council considers the bid award, which shall include the following:

a.

A letter to the council chairman indicating the low bidder(s) was disqualified;

b.

The letter to the council chairman shall include a copy of the notice of disqualification sent to the bidder(s) with the postal receipt, indicating delivery to the low bidder(s) and include a copy of the bid disqualification review committee's decision; and

c.

The resolution accepting the lowest responsible bidder.

(Ord. No. 18985, § 1, 2-9-94; Ord. No. 23103, § 22, 7-18-07; Ord. No. 23942, § 6, 1-12-11; Ord. No. 24895 , § 2, 1-28-15; Ord. No. 25149 , § 2, 5-11-16; Ord. No. 25205 , § 2, 8-24-16)