Section 805-RICR-00-00-1.9 - Dispute Resolution and Debarment1.9.1Resolution of Protests of Solicitations and AwardsA. Any actual or prospective bidder, offeror, or contractor who is aggrieved in connection with the solicitation or award of any contract may file a protest with the Chief Purchasing Officer. A protest or notice of other controversy must be filed promptly and in any event, within two (2) calendar weeks after such aggrieved person knows or should have known of the facts giving rise thereto. All protests or notices of other controversies must be in writing.B. The Chief Purchasing Officer shall promptly issue a decision in writing regarding such protest. A copy of that decision shall be mailed or otherwise furnished to the aggrieved party and shall state the reasons for the action taken.C. In the event a protest is filed in a timely manner under this Section, the Commission shall not proceed further with the solicitation or award which is the subject of the protest until it has issued a decision on the protest, or determined that continuation of the procurement is necessary to protect a substantial interest of the Commission.1.9.2Debarment and SuspensionA. After reasonable notice to the person involved and reasonable opportunity for that person to be heard, the Chief Purchasing Officer may debar a person for cause from consideration for award of contracts. The debarment shall not be for a period of more than three years. The Commission may suspend a person from consideration for award of contracts if there is probable cause for debarment. The suspension shall not be for a period exceeding three months.B. Causes for debarment or suspension include the following: 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 performance of such contract or subcontract;2. conviction under state or federal statutes of embezzlement, theft, forgery, bribery, falsification or destruction or records, stolen property, or any other offense indicating a lack of business integrity or business honesty;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 Chief Purchasing Officer to be so serious as to justify debarment action; a. deliberate failure without good cause to perform in accordance with the specifications or within the time limit provided in a contract with the Commission; orb. a recent record of failure to perform or of unsatisfactory performance in accordance with the terms of one or more contracts with the Commission; 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 debarment;5. any other cause the Chief Purchasing Officer reasonably determines to be so serious and compelling as to affect responsibility as a contractor, including debarment by a governmental entity.C. The Chief Purchasing Officer shall issue a written decision to debar or suspend. The decision shall; 1. state the reasons for the action taken; and2. inform the debarred or suspended person involved of its rights to judicial review.D. A copy of the decision under §1.9.2(C) of this Part shall be mailed or otherwise furnished immediately to the debarred or suspended person.1.9.3Resolution of Contract Disputes.A. Prior to the institution of arbitration or litigation concerning any contract claim or controversy, the Chief Purchasing Officer shall endeavor to settle or compromise such claim.B. If any claim or controversy is not resolved by mutual agreement, the Chief Purchasing Officer shall promptly issue a decision in writing regarding the subject matter of such claim or controversy. A copy of that decision shall be mailed or otherwise furnished to the contractor. If the Chief Purchasing Officer does not issue a written decision within thirty (30) days after written request for a final decision, or within such longer period as might be established by the parties to the contract in writing, then the contractor may proceed as if an adverse decision had been received from the Commission.805 R.I. Code R. 805-RICR-00-00-1.9