SANCTIONS FOR NONCOMPLIANCE
A.The Good Faith Effort (GFE) documentation will demonstrate the Offeror’s commitment and honest efforts to Small M/WBE firms. The burden of preparing and submitting the good faith effort information is on the Offeror and will be evaluated as part of the responsiveness to the bid/proposal (refer to Good Faith Effort Form in Section 21). Intentionally and/or knowingly misrepresenting facts on the documentation submitted may constitute a basis for classification as nonresponsive and possible termination (and/or the possible exclusion from future contracting opportunities).
B.A Contractor’s failure to make payments to Subcontractors in accordance with requirements of the Subcontract may require TCCD to withhold future payments from Contractor until compliance is attained.
1.An Offeror who intentionally and/or knowingly misrepresents facts will be determined to be an irresponsible Offeror and may be suspended from participating in TCCD work for a period of time of not less than three (3) years.
2.The failure of an Offeror to otherwise comply with TCCD’s Small M/WBE Program constitutes a material breach of contract as stated herein, and may result in the Offeror being classified as an irresponsible Offeror and suspension from participating in TCCD work for a period of time of not less than one (1) year.
3.TCCD may send a written statement of facts and a recommendation for suspension to legal counsel. After consultation with legal counsel, TCCD may determine that sanctions are warranted and send a certified notice to the Offeror.
4.An Offeror that receives notification of suspension may request an appeal by giving written notice within ten (10) days from the date of receipt of the sanctions notice.
5.TCCD will meet within thirty (30) days from the date of receipt of the request for appeal of suspension, unless Offeror requests an extension of time. Offeror can request an extension of five (5) days. Offeror will be notified of the meeting time and location.
6.Offeror will be afforded an opportunity to appear with legal counsel if so desired, submit documentary evidence, and interact with any person presented by Management. TCC also reserves the right to legal counsel during such discussions.
7.TCCD may render a decision within thirty (30) days of the hearing and send notice to Offeror.
8.Any Small M/WBE Subcontractor or Supplier who intentionally and/or knowingly misrepresents facts or otherwise violates the provisions of the Program may be classified as irresponsible for a period of time not to exceed one (1) year. If deemed irresponsible, such Small M/WBE will not be included in calculating an Offeror’s responsiveness and will be barred from bidding on TCCD work.