(i) Conviction for commission of a criminal offense incident to obtaining or attempting to obtain a public or private contract or subcontract, or in the performance of the contract or subcontract;

(ii) Conviction of embezzlement, theft, forgery, bribery, falsification or destruction of records, receiving stolen property, kickbacks, or any other offense indicating a lack of business integrity;

(iii) Conviction under state or federal antitrust statutes arising out of the submission of bids or proposals;

(iv) A violation of WSSC contract provisions of a character which is regarded by the Chief Procurement Officer to be so serious as to justify debarment action. These provisions may include, but are not limited to, the following:

(v) Any other serious cause the Chief Procurement Officer determines to be so compelling as to affect the competency or integrity of a contractor, including debarment or suspension by another public entity;

(vi) A determination by WSSC’s Board of Ethics of a violation of one or more ethical standards set forth in WSSC’s Code of Ethics; or

(vii) A record of noncompliance with or unsatisfactory performance of the requirements set forth in WSSC Chapters 6.30 and 6.35 and any successor standard procedures thereto.

(i) State that debarment is being considered;

(ii) Set forth the reasons for the action;

(iii) State that if the contractor or prospective contractor so requests a hearing will be held, provided a written request is received by the Chief Procurement Officer within 10 days after the contractor or prospective contractor receives notice of the proposed action; and

(iv) State that the contractor or prospective contractor may be represented by counsel.

(i) Act as the sole Hearing Officer; or

(ii) In consultation with the General Counsel’s Office, appoint a Hearing Officer, preferably a private practice attorney or retired judge with expertise and experience in the relevant subject matter.

The Hearing Officer shall send a written notice of the time and place of the hearing. Such notice shall be sent by certified mail, return receipt requested, and shall state the nature and purpose of the proceedings.

(i) If the Chief Procurement Officer appoints a Hearing Officer, the Hearing Officer, after the hearing has concluded and the record closed, shall issue a proposed decision and order to the Chief Procurement Officer and to the contractor or prospective contractor. The proposed decision and order shall be in writing, including separate findings of fact and conclusions of law. The findings of fact shall concisely state the resolution of each contested issue of fact and shall be based exclusively on the evidence of record and matters officially noticed. The proposed decision and order shall use as its standard of proof the preponderance of the evidence.

(ii) Upon receipt, the Chief Procurement Officer shall review the proposed decision and order. In addition, the Chief Procurement Officer may request that the parties to the hearing submit exceptions to the proposed decision and order. Based thereon, the Chief Procurement Officer may affirm, reverse, or modify the proposed decision or order, by issuing a final decision and order (see subsection (a)(7) of this section). Alternatively, the Chief Procurement Officer may remand the case to the appointed Hearing Officer for further proceedings and issuance of a further proposed decision and order.

(i) The Chief Procurement Officer shall issue a final decision and order after the hearing has concluded and the record has closed. The final decision and order shall be in writing, including separate findings of fact and conclusions of law. The findings of fact shall concisely state the resolution of each contested issue of fact and shall be based exclusively on the evidence of record and matters officially noticed. The final decision shall use as its standard of proof the preponderance of the evidence.

(ii) The contractor or prospective contractor shall be provided a copy of the final decision and order and informed of the right to appeal the final decision and order pursuant to subsection (a)(8) of this section.

(i) State that possible debarment is being investigated;

(ii) Set forth the reasons for the action;

(iii) State that the suspension shall be coextensive with the initiation and implementation of the debarment procedures set forth in this section but shall not exceed six months; and

(iv) State that bids or proposals will not be solicited from the suspended contractor or prospective contractor, and, if they are received will not be considered during the period of suspension.