057 of 2016 - Adoption of parts 16 (protests), 17 (procurement appeals board), 18 (appeals to court and court proc 0 16-1
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SALT LAKE CITY ORDINANCE
No. 57 of 2016
(Adoption of Parts 16(Protests), 17(Procurement Appeals Board),18(Appeals to Court and
Court Proceedings),and 19(General Provisions Related to Protest or Appeal)of the Utah
Procurement Code and Amendment of the City's Ordinances Regarding Suspension or
Debarment of Procurement Participants)
An ordinance amending article V of chapter 3.24 of the Salt Lake City Code regarding
procurement protests and remedies.
WHEREAS,Salt Lake City Corporation(the"City")has enacted City ordinances
governing the City's procurement of goods and services;and
WHEREAS,article V of chapter 3.24 of the Salt Lake City Code sets forth the processes
and procedures whereby a City procurement decision can be challenged:and
WHEREAS,Chapter 63G-6a of the Utah Code constitutes the"Utah Procurement Code";
and
WHEREAS,Utah Code Subsection 63G-6a-105(4)authorizes a municipality to adopt
any section of the Utah Procurement Code;and
WHEREAS,the City desires to adopt the provisions addressing procurement protests and
appeals as set forth in Parts 16, 17, 18,and 19 of the Utah Procurement Code;and
WHEREAS,the adoption of the procurement protests and appeals provisions set forth in
the Utah Procurement Code will permit the City and procurement participants to utilize the
protest and appeals structures and adjudicative bodies provided by the State of Utah;and
WHEREAS,the City also desires to amend its suspension and debarment provisions to
accommodate the protest and appeals processes set forth in the Utah Procurement Code.
NOW,THEREFORE,be it ordained by the City Council of Salt Lake City,Utah:
SECTION 1. That article V of chapter 3.24 of the Salt Lake City Code shall be,and
hereby is.amended to read as follows:
Article V.Protests And Remedies
3.24.210:Protests And Appeals Pursuant To Adopted Portions Of The Utah Procurement
Code
3.24.220:Administrative Rules
3.24.230:Suspension Or Debarment
3.24.240:Authority To Resolve Conflicts
3.24.210:PROTESTS AND APPEALS PURSUANT TO ADOPTED PORTIONS OF THE
UTAH PROCUREMENT CODE:
A. The provisions set forth in parts 16(Protests),17(Procurement Appeals Board), 18(Appeals
to Court and Court Proceedings),and 19(General Provisions Related to Protest or Appeal)of
Utah Code chapter 63G-6a,or their successor provisions,are adopted by Salt Lake City as
ordinances of the city.
B. Any protest or appeal related to a city procurement matter shall be governed by the
provisions set forth in parts 16, 17, 18,and 19 of Utah Code chapter 63G-6a,or their
successor provisions.
3.24.220:ADMINISTRATIVE RULES:
The mayor,or the mayor's designee,may adopt rules to implement the processes.procedures,
and provisions set forth in parts 16,17. 18.and 19 of Utah Code chapter 63G-6a,or their
successor provisions. Such rules shall be consistent with the provisions set forth in the adopted
parts of Utah Code chapter 63G-6a,and with the provisions set forth in this chapter.
3.24.230:SUSPENSION OR DEBARMENT:
A. 1. Subject to subsection(A)(2),a procurement official may:
(i). debar a person for cause from consideration for award of contracts for a
period of not more than six years;or
(ii). suspend a person from consideration for award of contracts if there is
probable cause to believe that the person has engaged in any activity that might
lead to debarment.
2.Before debarring or suspending a person under subsection(A)(1).the procurement
official shall:
(i). consult with:
(a).the department involved in the matter for which debarment or
suspension is sought:and
(b).the city attorneys office;
(ii). give the person at least 10 calendar days'prior written notice of:
(a).the reasons for which debarment or suspension is being considered;
and
(b).the hearing under subsection(A)(2)(iii);and
(iii). hold a hearing in accordance with subsection(A)(3).
3. (i). At a hearing under subsection(A)(2)(iii),the procurement official may:
(a). hear witness testimony:
(b). review documents and other records;
(c). obtain additional factual information:and
(d). obtain testimony from experts,the person who is the subject of the
proposed debarment or suspension,representatives of the procurement
unit,or others with pertinent information to assist the procurement official
to make a decision on the proposed debarment or suspension.
(ii). The Utah Rules of Evidence do not apply to a hearing under subsection
(A)(2)(iii).
(iii). The procurement official shall:
(a).record a hearing under subsection(A)(2)(iii);
(b). preserve all records and other evidence relied upon in reaching a
decision until the decision becomes final;
(c). for an appeal of a debarment or suspension,submit to the Utah
Procurement Policy Board chair a copy of the written decision and all
records and other evidence relied upon in reaching the decision,within
seven business days after receiving a notice that an appeal of a debarment
or suspension has been filed ss ith the Utah State Procurement Policy
Board under part 17 of Utah Code chapter 63G-6a,or its successor
provisions.or after receiving a request from the Utah State Procurement
Policy Board chair.
(iv).The holding of a hearing under subsection(A)(2)(iii)or the issuing of a
decision under subsection(A)(3)(v)does not affect a person's right to later
question or challenge the jurisdiction of the procurement official to hold a hearing
or issue a decision.
(v). The procurement official shall:
(a). promptly issue a written decision regarding a proposed debarment or
suspension,unless the matter is settled by mutual agreement;and
(b). mail,email,or otherwise immediately furnish a copy of the decision
to the person who is the subject of the decision.
(vi). A written decision under subsection(A)(3)(v)shall:
(a).state the reasons for the debarment or suspension,if debarment or
suspension is ordered;
(b). inform the person who is debarred or suspended of the right to
judicial or administrative review provided under the Utah Procurement
Code provisions adopted under section 3.24.210 of this chapter;and
(c).indicate the amount of the security deposit or bond required for appeal
to the Utah State Procurement Policy Board pursuant to the Utah
Procurement Code provisions adopted under section 3.24.210 of this
chapter,and describe how that amount ssas calculated.
(vii). (a).A decision of debarment or suspension issued by a procurement
official is final and conclusive unless the person who is debarred or
suspended files an appeal of the decision pursuant to the Utah
Procurement Code provisions adopted under section 3.24.210 of this
chapter.
B. A suspension under this section may not be for a period exceeding three months,unless an
indictment has been issued for an offense that would be a cause for debarment under subsection
C,in which case the suspension shall,at the request of the city attorney's office,remain in effect
until after the trial of the suspended person.
C. The causes for debarment include the following:
1. conviction 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 a public or private
contract or subcontract;
2. conviction under state or federal statutes of embezzlement,theft.forgery,bribery,
falsification or destruction of records,receiving stolen property,or any other offense
indicating a lack of business integrity or business honesty that currently,seriously,and
directly affects responsibility as a contractor for the city;
3. conviction under state or federal antitrust statutes:
4. failure without good cause to perform in accordance with the terms of the contract;
5. a violation of this chapter;or
6. any other cause that the procurement official determines to be so serious and
compelling as to affect responsibility as a contractor for the city,including debarment by
another governmental entity.
D. A person who is debarred or suspended under this section may appeal the debarment or
suspension in accordance with the Utah Procurement Code provisions adopted under section
3.24.210 of this chapter.
E. A procurement official may consider a cause for debarment under subsection C as the basis
for determining that a person responding to a solicitation is not responsible:
I. independent of any effort or proceeding under this section to debar or suspend the
person;and
2. even if the city does not choose to seek debarment or suspension.
F. The mayor,or the mayor's designee,may adopt rules to implement the provisions of this
section provided that such rules are consistent with the provisions adopted or otherwise set forth
in this chapter.
3.24.240:AUTHORITY TO RESOLVE CONFLICTS:
When not in conflict with this chapter,a procurement official has authority to settle and resolve
controversies relating to procurement processes,contracts,suspensions and debarments.
SECTION 2. That this ordinance shall become effective upon publication.
Passed by the City Council of Salt Lake City,Utah this 16 day of At,guct 2016.
CH ERSON
A
CITY RECORDER
Transmitted to Mayor on August 30, 2016
Mayor's Action: Approved. Vetoed.
Is. OR
ES...
APPROVED AS TO FORM:
CITY RECORDER Salt Lake City Attorney's Office
Date: 1 ^ sY 1
(SEAL) - ��_..........;I �', Sign
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Bill No, 57 of 2016.
Published: September 2,_2Il16.
1 i13 AI iY-u48300-0-Procu rem cot Ordinance 9-15.DO('X