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however, does not necessarily require that the contractor be debarred. The seriousness of the contractor's <br />is <br />acts or omissions and any mitigating factors should be considered in making any debarment decision. <br />(b)Causes. The purchasing manager may debar a prospective contractor for any of the following causes: <br />(1)Conviction of, or civil judgment establishing the contractor's <br />a.Commission of fraud or a criminal offense in connection with obtaining, attempting to obtain, <br />or performing a public contract or subcontract; <br />b.Violation of federal or state antitrust statutes relating to the submission of offers; <br />c.Commission of embezzlement, theft, forgery, bribery, falsification or destruction of records, <br />making false statements or receiving stolen property; or <br />d.Commission of any other offense indicating a lack of business integrity or business honesty that <br />seriously and directly affects the present responsibility of a government contractor or <br />subcontractor. <br />(2)Violation of the terms of a government contract or subcontract so serious as to justify debarment, <br />such as willful failure to perform in accordance with the terms of one or more contracts, or a history <br />of failure to perform, or of unsatisfactory performance of one or more contracts. <br />(3)Disbarment by a federal, state or local government, a public authority, or other agency or entity <br />subject to public procurement laws and requirements. <br />• (4)Any other cause of so serious or compelling a nature that it affects the present responsibility of a <br />government contractor or subcontractor. <br />(c)Reports and investigations. The purchasing manager shall establish procedures for the prompt <br />reporting, investigation and referral of matters appropriate for his consideration in contemplating the <br />debarment of a contractor or subcontractor. <br />(d)Debannent procedures. The following procedures governing the debarment decision-making process <br />are designed to be as informal as practicable, consistent with principles of fundamental fairness: <br />(1)Notice to contractor. Debarment shall be initiated by advising the prospective contractor, by <br />hand -delivery or by certified mail, return receipt requested, that debarment is being considered. Such <br />notice shall include the reasons for the proposed debarment in terms sufficiently detailed to put the <br />contractor on notice of the conduct or transaction(s) upon which the debarment is based, and shall <br />identify the specific period of debarment under consideration. Unless a response is received from <br />the prospective contractor within thirty (30) days of the date of this notice, the purchasing manager's <br />decision shall be final. For the purposes of this subsection the "date of the notice" shall be deemed <br />to be the date on which the notice is hand -delivered to the contractor or is deposited in the United <br />States Mail. <br />(2)Opportunity of contractor to respond. The prospective contractor or his authorized representative <br />may submit to the purchasing manager, in writing, and within 30 days of the date of the notice <br />described in subparagraph (1), any information or argument that the contractor deems relevant to the <br />• proposed debarment, including, without limitation, any specific information that raises a genuine <br />dispute as to a fact that is material to the purchasing manager's findings or conclusions. Following <br />Page 7 of 11 <br />