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5.33.540 DBE Disqualification.

(Amended by Ordinance No. 183445, effective January 6, 2010.)

A.  The City may disqualify or suspend a Person’s right to submit an Offer or to participate in a Contract (e.g., act as a Subcontractor) as follows:

1.   For a DBE disqualification pursuant to ORS 200.065 the City may disqualify a Person upon finding that the Person engaged in any of the activities made unlawful by ORS 200.065, or if the Person has been disqualified by another Contracting Agency pursuant to ORS 200.065.    

2.    For a DBE disqualification pursuant to ORS 200.075, the City may suspend a Person upon finding that the Person engaged in any of the acts prohibited by ORS 200.075 (a) through (c).

B.     The City may disqualify or suspend a Person’s right to submit Offers or participate in a Contract only for the length of time permitted by ORS 200.065 or ORS 200.075 as applicable.

C.    The City shall provide Written notice to the Person in Writing of a proposed DBE Disqualification pursuant to this section, served personally or by registered or certified mail, return receipt requested.  This notice shall:

1.    State that the City intends to disqualify or suspend the Person;

2.    Set forth the reasons for the DBE Disqualification;

3.    Include a statement of the Person’s right to a hearing if requested in Writing within the time stated in the notice and that if the City does not receive the Person’s Written request for a hearing within the time stated, the Person shall have waived its right to a hearing;

4.    Include a statement of the authority and jurisdiction under which the hearing will be held;

5.    Include a reference to the particular sections of the statutes and rules involved;

6.    State the proposed DBE Disqualification period; and

7.    State the Person may be represented by legal counsel.

D.    The City shall schedule a hearing upon the City’s receipt of the Person’s timely request.  The City shall notify the Person of the time and place of the hearing and provide information on the procedures, right of representation and other rights related to the conduct of the hearing prior to hearing.

E.    The Chief Procurement Officer may conduct the hearing or refer the hearing to the Board of Appeals or the Portland City Council for decision.   The decision of the Board  of Appeals or Council shall be final, with no further appeal.

F.    The City shall provide Written notice of the DBE Disqualification to the Person. The City shall deliver the Written notice by personal service or by registered or certified mail, return receipt requested. Notification is effective, even if not served personally, if the City uses what its records show to be the last known address of the Person.  The notice shall contain:

1.    The effective date and period of the DBE disqualification

2.    The grounds for DBE disqualification and

3.    A statement of the Person’s appeal rights and applicable appeal deadlines.