Current through Register Vol. XLI, No. 50, December 13, 2024
Section 164-5-4 - Suspension of Right to Bid4.1. Power to suspend right to bid - If any of these issues found in the Post-Project evaluations fail to meet the requirements of the Contract Documents, the SBA staff will review the project documentation to ascertain the responsibility for the failure(s).4.2. If the review finds the Architect / Engineer, Contractor(s), or Construction Manager fail to comply with the conditions of the Contract and/or the review finds a failure of performance the Work in conformance with the Contract Documents has been the major contributor to the Project deficiencies, the SBA shall notify the Architect / Engineer, Contractor, or Construction Manager in consideration for suspension of the reasons for the proposed suspension in sufficient detail to describe the conduct upon which the proposed suspension is based. The SBA shall show the causes relied upon for proposed suspension, procedures governing the suspension decision-making, and the potential effect(s) of the proposed suspension.4.3. Within thirty days of receipt of the notice, the Architect / Engineer, Contractor, or Construction Manager in consideration for suspension shall have the right to submit in writing and/or request to appear before the Authority to give information and argument in opposition to the proposed suspension.4.4. The Authority shall make a suspension decision. In any suspension decision, the Authority shall make a specific finding, based on the substantial record, whether the public interest requires that the suspension decision extend to all commodities and services of the Contractor and/or Subcontractor, or whether the public interest allows the suspension decision to be limited to specific commodities or services. The SBA may suspend the responsible party from bidding or applying for work on SBA-funded projects for a period of not less than one (1) year or more than two (2) years.