835 R.I. Code R. 835-RICR-30-00-1.15

Current through December 3, 2024

Section 835-RICR-30-00-1.15 - Exclusion

1.15.1Exclusion Authority

The Chief Purchasing Officer may exclude a vendor from the NBC's Bidder List for just cause with proper notification.

1.15.2Forms of Exclusion

A. Exclusion shall refer to:

1. Debarment - permanent removal from the Bidder List.

2. Suspension - temporary removal from the Bidder List.

3. Rejection - lack of inclusion on the Bidder List.

1.15.3Just Cause for Debarment

A. Just cause for Debarment shall include, but shall not be limited to:

1. Convictions of fraud or perjury;

2. Falsification of information on a Bidder Registration Form;

3. Substantial nonperformance on more than two (2) contracts;

4. Debarment by the federal or state government, or;

5. Lack of responsibility by withdrawal of more than two (2) bids after an award has been announced by the Chief Purchasing Officer.

1.15.4Just Cause for Suspension

A. Just cause for Suspension shall include, but shall not be limited to:

1. Any cause for debarment, depending on the severity of the violation;

2. Suspension by federal or state government;

3. Substantial nonperformance on at least one (1) contract;

4. Failure to respond to three (3) consecutive bid solicitations for goods that the vendor has indicated on the Bidder Registration Form that the firm could supply;

5. Lack of responsibility by withdrawal of more than two (2) bids within a two (2) year period, even with the consent of the Chief Purchasing Officer;

6. Correction of more than three (3) bids within a two (2) year period, with or without the consent of the Chief Purchasing Officer.

1.15.5Just Cause for Rejection

A. Just cause for Rejection shall include but shall not be limited to:

1. Lack of properly prepared and submitted Bidder Registration Form;

2. Refusal to submit a Bidder Registration Form;

3. Falsification of information on Bidder Registration Form or Certification Forms;

4. Suspension or debarment by the federal or state government;

5. Conviction of fraud or perjury; or

6. Lack of competence, financial responsibility, or other limitations related to the ability of a supplier to provide the goods and services indicated on the firm's Bidder Registration Form.

1.15.6Notification

A. The Chief Purchasing Officer's Notification shall be in writing to any affected vendor who he/she intends to debar, suspend, or reject. Such notice shall:

1. State the nature, and in the case of suspension, the duration of the sanction;

2. Provide the vendor with a rationale for the decision;

3. Establish a specific time for reconsideration not less than two (2) weeks nor more than three (3) weeks within which the vendor may provide justification for why such action should not be implemented.

a. The provision for reconsideration shall not apply under those circumstances where the Chief Purchasing Officer has determined that issuance of a purchase order to a particular vendor may present a serious compromise of the NBC.

B. The Chief Purchasing Officer shall notify the affected vendor of his/her final decision upon the expiration of such period. If no request for reconsideration has been submitted, or has been determined to be inappropriate, the Chief Purchasing Officer shall implement and take appropriate action.

1.15.7Suspension/Rejection Duration

A. The Chief Purchasing Officer may suspend or reject a vendor for not less than a three (3) month and not more than a two (2) year period, depending on the severity of a particular violation.

B. A vendor who has been suspended or rejected from the Bidder List shall not be reinstated until the firm has submitted a request for reinstatement to the Chief Purchasing Officer with a new Bidder Registration Form. Such request shall be submitted with evidence that the reason for the suspension or rejection has been corrected.

C. Reconsideration of vendors who have been rejected shall be undertaken on a case-by-case basis.

835 R.I. Code R. 835-RICR-30-00-1.15