West Contra Costa Unified School District: CONTRACTOR DEBARMENT POLICY Appeal Process Following Debarment Hearing Facilities Sub-Committee February 12, 2013

© 2012 Orbach Huff & Suarez, LLP Debarment Rational  The award of contracts to contractors who fail to deal with the District in good faith compromises the integrity of the capital program and contracting process and results in the improper expenditure of public funds.  The Debarment Policy safeguards public trust by providing the Board of Education with a means to protect itself from business relations with dishonest, unethical or otherwise irresponsible persons.  The Debarment Policy affords appropriate due process and equal protection through a 3-step hearing / appeal process.

© 2012 Orbach Huff & Suarez, LLP Debarment Policy Debarment Policy is designed to accomplish the following:  Comply with Public Contract Code sections 1103 and  Implement Board Policy (“BP”) 3311 and Administrative Regulation (“AR”) 3311 to ensure that District contracts are let to responsible bidders.  Establish grounds for debarment.  Set forth procedures to debar non-responsible contractors from bidding or contracting with the District.  Establish due process safeguards, including an opportunity to appeal to the Board of Education.

© 2012 Orbach Huff & Suarez, LLP Reasons for Debarment Submission of false information in response to an advertisement or invitation for bids or quotes, a request for qualifications or a request for proposals; Failure to comply with the terms of a contract; A pattern and practice of disregarding or repudiating terms or conditions of District contracts.

© 2012 Orbach Huff & Suarez, LLP Process  Initiation of Debarment Proceedings Initiated by written “Notice of Proposed Debarment”  Contractor’s Request for a Hearing The request must be made within fourteen (14) calendar days.  Order Relative to Hearing The Hearing Officer shall issue an order granting the Contractor's request for a hearing, establishing the time and place thereof, and advising the Respondent of the consequences of a failure to appear at the hearing. The date of the hearing shall be held between forty-five (45) and sixty (60) calendar days of the date of the District’s receipt of the Respondent’s request for a hearing.

© 2012 Orbach Huff & Suarez, LLP Process, cont.  Hearing  Decision “Debarment”: The administrative determination against a Contractor declaring that the Contractor is non- responsible and/or is debarred from participating in the competitive process for contracts with the District or from entering into contracts with the District for a period of time commensurate with the seriousness of the offense or failure specified in the debarment order.  Opportunity for Appeal to Board of Education

© 2012 Orbach Huff & Suarez, LLP Appeal Process  Contractor must request review by filing a written appeal with the Board of Education within twenty-one (21) days of receipt of the Hearing Officer's final determination.  An appeal may be granted or denied at the discretion of the Board of Education or its designee.  The Board of Education or its designee shall issue a determination within thirty (30) days of submission of the appeal.  Decision of the Board of Education shall be final. Following appeal to the Board of Education, Contractor may pursue judicial review, as provided for by statute.