Z-0126.1
SENATE BILL 5479
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State of Washington | 64th Legislature | 2015 Regular Session |
By Senators Liias, Pearson, Chase, and Hasegawa; by request of Department of Enterprise Services
Read first time 01/22/15. Referred to Committee on Commerce & Labor.
AN ACT Relating to the debarment authority of the director of enterprise services; and amending RCW
39.26.200.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON:
Sec. 1. RCW 39.26.200 and 2013 2nd sp.s. c 34 s 1 are each amended to read as follows:
(1)(a) The director shall provide notice to the contractor of the director's intent to either debar, fine, or both, with the specific reason for either the debarment, fine, or both. The department must establish the debarment ((process))and fining processes by rule.
(b) After reasonable notice to the contractor and reasonable opportunity for that contractor to be heard, the director has the authority to debar a contractor for cause from consideration for award of contracts. The debarment must be for a period of not more than three years.
(c) Under the procedures used to debar a contractor established by the department under this section, the director has the authority to impose a fine on a contractor for cause in replacement of, or in addition to, debarment. The amount of the fine may not exceed the cost of the debarment proceedings and the administrative and processing costs incurred by the agency.
(2) The director may either debar, fine, or both, a contractor based on a finding of one or more of the following causes:
(a) 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 the performance of such contract or subcontract;
(b) Conviction or a final determination in a civil action under state or federal statutes of fraud, embezzlement, theft, forgery, bribery, falsification or destruction of records, receiving stolen property, violation of the federal false claims act, 31 U.S.C. Sec. 3729 et seq., or the state medicaid fraud false claims act, chapter
74.66 RCW, or any other offense indicating a lack of business integrity or business honesty that currently, seriously, and directly affects responsibility as a state contractor;
(c) Conviction under state or federal antitrust statutes arising out of the submission of bids or proposals;
(d) Two or more violations within the previous five years of the federal labor relations act as determined by the national labor relations board or court of competent jurisdiction;
(e) Violation of contract provisions, as set forth in this subsection, of a character that is regarded by the director to be so serious as to justify debarment action:
(i) Deliberate failure without good cause to perform in accordance with the specifications or within the time limit provided in the contract; or
(ii) A recent record of failure to perform or of unsatisfactory performance in accordance with the terms of one or more contracts, however the failure to perform or unsatisfactory performance caused by acts beyond the control of the contractor may not be considered to be a basis for debarment;
(f) Violation of ethical standards set forth in RCW
39.26.020; and
(g) Any other cause the director determines to be so serious and compelling as to affect responsibility as a state contractor, including debarment by another governmental entity for any cause listed in regulations.
(3) The director must issue a written decision to debar. The decision must:
(a) State the reasons for the action taken; and
(b) Inform the debarred contractor of the contractor's rights to judicial or administrative review.
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