2214 DEBARMENT PROCEEDINGS

2214.1 The Director shall initiate debarment proceedings by notifying the person and any specifically named affiliates by certified mail, return receipt requested, of the following:

1. (a) The reason(s) for the proposed debarment in sufficient detail to put the person on notice of the conduct or transaction(s) upon which the proposed debarment is based;
2. (b) The cause(s), as set forth in § 907(a) of the Act, D.C. Official Code § 2-359.07(a), or any other applicable statute, regulation, or final decision relied upon for the proposed debarment;
3. (c) That, within fifteen (15) calendar days after receipt of the notice, the person may submit, in person, in writing, or through a representative, information or written facts in opposition to the proposed debarment, and request an informal meeting in person or by telephone, to present information or facts in opposition;
4. (d) The District's procedures governing debarment decision-making;
5. (e) The effect of the proposed debarment;
6. (f) That a fact-finding proceeding may be conducted; and
7. (g) That the District will not solicit offers from, award contracts to renew, extend contracts with, or consent to subcontracts with the person pending a debarment decision.

2214.2 In response to the proposed debarment, the person may submit in writing information and facts in opposition or may schedule an in-person or telephonic meeting to present its information and facts in opposition. All matters that a person wants considered must be presented in writing. Unless otherwise approved by the Director, this response must be made within fifteen (15) calendar days of receiving notice of the proposed debarment.

2214.3 In actions based upon a conviction or civil judgment, or in which there is no genuine issue of material fact, the person may only present information or facts in opposition related to responsibility, mitigating circumstances, and remedial measures.

2214.4 The person, who may be represented or assisted by counsel, must address in writing all defenses, contested facts, admissions, remedial actions taken, and

mitigating factors that it wishes the Director to consider.

2214.5 The Director shall review all materials presented and arguments made and determine whether or not the person has raised a genuine dispute regarding a fact material to the proposed debarment. A general denial of the allegations will not be sufficient to raise a genuine dispute regarding a material fact.

2214.6 In debarment actions not based upon a conviction or civil judgment, if the Director finds that the person's submission in opposition raises a genuine dispute regarding a fact material to the proposed debarment, the Director shall then conduct an informal fact-finding proceeding at which the person or its counsel may present evidence and may call and question witnesses. The fact-finding proceeding shall be transcribed unless the person and the Director agree otherwise. The person may purchase a copy of the transcript.

2214.7 The fact-finding proceeding is an informal evidentiary hearing and the rules of evidence and civil procedure shall not apply. Documentary evidence shall be taken into the record along with any testimony.

2214.8 In debarment actions not based upon a conviction or civil judgment, the cause(s) for debarment shall be established by a preponderance of the evidence. The Director shall base the debarment decision on the facts as found, together with all information in the administrative record.

2214.9 In debarment actions based upon a conviction or civil judgment, or in which there is no genuine issue of material fact, the Director shall make a decision on the basis of all the information in the administrative record, including any submission made by the person.

2214.10 If the person fails to provide a response to the notice within the fifteen (15) day period, or arrange an extension of time within that time, the Director shall make a final decision on the basis of the available information in the Director's possession.

2214.11 The Director shall issue a written decision within thirty (30) business days after receipt of all information and facts in opposition submitted by the person, unless the Director extends this period for good cause.

2214.12 If the Director decides to impose debarment, the person and any affiliates involved shall be given notice of the debarment action by certified mail, return receipt requested. The notice shall:

(a) State the relevant facts and the reasons for the action taken;

(b) Describe the present responsibility of the person;

(c) Describe how the debarment is in the best interest of the District;

(d) State the period of debarment, including effective dates;

(e) Include a statement advising that the debarment is effective for all District government agencies; and

(f) Inform the person of the right to appeal the decision to the Contract Appeals Board within sixty (60) days of receipt of the decision.

2214.13 All information considered by the Director will form the administrative record and a list of each document containing such information shall be included in the final decision.

2214.14 If debarment is not imposed, the Director shall promptly notify the person and any involved affiliates by certified mail, return receipt requested.

SOURCE: Final Rulemaking published at 35 DCR 1525 (February 26, 1988); as amended by Emergency and Proposed Rulemaking published at 58 DCR 7564 (August 19, 2011)[EXPIRED]; as amended by Final Rulemaking published at 58 DCR 8574, 8575 (October 7, 2011); as amended by Final Rulemaking published at 66 DCR 14414 (November 1, 2019).