March 20, 2007, Introduced by Reps. Miller, Bennett, Kathleen Law and Polidori and referred to the Committee on Government Operations.
A bill to amend 1984 PA 431, entitled
"The management and budget act,"
by amending section 264 (MCL 18.1264), as added by 1988 PA 504.
THE PEOPLE OF THE STATE OF MICHIGAN ENACT:
Sec. 264. (1) The department may debar a vendor from
participation
in the bid process and from contract award upon
notice
and a finding that the vendor is not able to perform
responsibly,
or that the consideration for
the award of a contract
for the provision of goods or services to this state or suspend the
procurement of goods and services from a vendor if, within the
immediately
preceding 3 years, the vendor, or an
officer of the
vendor,
or an owner of a 25% or greater share
of interest in the
vendor ,
has demonstrated a lack of integrity that could jeopardize
the
state's interest if the state were to contract with the vendor.
has done 1 or more of the following:
(a) Has been convicted of a criminal offense incident to the
application for or performance of a state contract or subcontracts.
(b) Has been convicted of any offense which negatively
reflects on the vendor's business integrity, including, but not
limited to, embezzlement, theft, forgery, bribery, falsification or
destruction of records, receiving stolen property, or a violation
of state or federal antitrust statutes.
(c) Has been convicted of any other offense, or violated any
other state or federal law, as determined by a court of competent
jurisdiction or an administrative proceeding, which, in the opinion
of the department, indicates that the vendor is unable to perform
responsibly or which reflects a lack of integrity that could
negatively impact or reflect upon this state. An offense or
violation under this subdivision may include, but is not limited
to, an offense under or violation of 1 or more of the following:
(i) The natural resources and environmental protection act,
1994 PA 451, MCL 324.101 to 324.90106.
(ii) The Michigan consumer protection act, 1976 PA 331, MCL
445.901 to 445.922.
(iii) 1965 PA 166, MCL 408.551 to 408.558.
(iv) 1978 PA 390, MCL 408.471 to 408.490.
(v) A willful or persistent violation of the Michigan
occupational safety and health act, 1974 PA 154, MCL 408.1001 to
408.1094.
(d) Has failed to substantially perform a state contract or
subcontract according to its terms, conditions, and specifications
within specified time limits.
(e) Has violated department bid solicitation procedures or
violated the terms of a solicitation after bid submission.
(f) Has refused to provide information or documents required
by a contract, including, but not limited to, information or
documents necessary for monitoring contract performance.
(g) Has failed to respond to requests for information
regarding vendor performance, or accumulated repeated substantiated
complaints regarding performance of a contract or purchase order.
(h) Has failed to perform a state contract or subcontract in a
manner consistent with any applicable state or federal law, rule,
or regulation.
(2) If the department finds that grounds to debar a vendor
exist, it shall send the vendor a notice of proposed debarment
indicating the grounds and the procedure for requesting a hearing.
If the vendor does not respond with a written request for a hearing
within 20 calendar days, the department shall issue the decision to
debar without a hearing. The debarment period may be of any length,
up to 8 years. After the debarment period expires, the vendor may
reapply for inclusion on bidder lists through the regular
application process.