2215.1 The Director may suspend a contractor upon determining that there is adequate evidence of any of the following:

1. (a) Probable cause for debarment pursuant to §2213.1;
2. (b) The commission of fraud or a criminal offense in connection with obtaining, attempting to obtain, or performing a public contract or subcontract;
3. (c) The violation of any federal, state, or District antitrust statute relating to the submission of offers;
4. (d) The commission of embezzlement, theft, forgery, bribery, falsification or destruction of records, making false statements, or receiving stolen property;
5. (e) The commission of any other offense indicating a lack of business integrity or business honesty that seriously and directly affects the present responsibility of the contractor or subcontractor; or
6. (f) Any other cause of so serious or compelling a nature that it affects the present responsibility of a contractor or subcontractor.

2215.2 Indictment for any of the causes set forth in §2215.1 shall constitute adequate evidence for suspension.

2215.3 Suspension shall constitute suspension of all divisions or other organizational elements of the contractor, unless the suspension decision is limited by its terms to specific divisions, organizational elements, or commodities.

2215.4 In assessing the adequacy of the evidence, the Director shall consider the amount of information available, the credibility of the information given the circumstances, whether important allegations are corroborated, and the inferences that can reasonably be drawn. This assessment shall include an examination of basic documents, such as contracts, inspection reports, and correspondence.

2215.5 The Director may extend the suspension decision to include any affiliates of the contractor if they are specifically named and given written notice of the suspension and an opportunity to respond.

2215.6 The suspension of a contractor shall be effective throughout all agencies subject to the provisions of the D.C. procurement regulations unless the Director determines in writing, based on compelling reasons and certification by the head of a contracting agency, that continued business dealings between that agency and the contractor are justified.

SOURCE: Final Rulemaking published at 35 DCR 1536 (February 26, 1988).