West Contra Costa
Unified School District:
CONTRACTOR DEBARMENT POLICY
Appeal Process Following Debarment Hearing
Facilities Sub-Committee
February 12, 2013
Debarment Rational
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The award of contracts to contractors who fail to deal with
the District in good faith compromises the integrity of the
capital program and contracting process and results in the
improper expenditure of public funds.
The Debarment Policy safeguards public trust by providing
the Board of Education with a means to protect itself from
business relations with dishonest, unethical or otherwise
irresponsible persons.
The Debarment Policy affords appropriate due process and
equal protection through a 3-step hearing / appeal process.
© 2012 Orbach Huff & Suarez, LLP
Debarment Policy
Debarment Policy is designed to accomplish the following:
 Comply with Public Contract Code sections 1103 and 20111.
 Implement Board Policy (“BP”) 3311 and Administrative
Regulation (“AR”) 3311 to ensure that District contracts are
let to responsible bidders.
 Establish grounds for debarment.
 Set forth procedures to debar non-responsible contractors
from bidding or contracting with the District.
 Establish due process safeguards, including an opportunity
to appeal to the Board of Education.
© 2012 Orbach Huff & Suarez, LLP
Reasons for Debarment
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Submission of false information in
response to an advertisement or invitation
for bids or quotes, a request for
qualifications or a request for proposals;
Failure to comply with the terms of a
contract;
A pattern and practice of disregarding or
repudiating terms or conditions of District
contracts.
© 2012 Orbach Huff & Suarez, LLP
Process
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Initiation of Debarment Proceedings
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Contractor’s Request for a Hearing
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Initiated by written “Notice of Proposed Debarment”
The request must be made within fourteen (14) calendar days.
Order Relative to Hearing
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The Hearing Officer shall issue an order granting the Contractor's
request for a hearing, establishing the time and place thereof, and
advising the Respondent of the consequences of a failure to appear
at the hearing.
The date of the hearing shall be held between forty-five (45) and
sixty (60) calendar days of the date of the District’s receipt of the
Respondent’s request for a hearing.
© 2012 Orbach Huff & Suarez, LLP
Process, cont.
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Hearing
Decision
 “Debarment”: The administrative determination against
a Contractor declaring that the Contractor is nonresponsible and/or is debarred from participating in the
competitive process for contracts with the District or
from entering into contracts with the District for a period
of time commensurate with the seriousness of the
offense or failure specified in the debarment order.
Opportunity for Appeal to Board of Education
© 2012 Orbach Huff & Suarez, LLP
Appeal Process
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Contractor must request review by filing a written appeal
with the Board of Education within twenty-one (21) days of
receipt of the Hearing Officer's final determination.
An appeal may be granted or denied at the discretion of the
Board of Education or its designee.
The Board of Education or its designee shall issue a
determination within thirty (30) days of submission of the
appeal.
Decision of the Board of Education shall be final. Following
appeal to the Board of Education, Contractor may pursue
judicial review, as provided for by statute.
© 2012 Orbach Huff & Suarez, LLP