February 17, 2009, Introduced by Reps. Miller, Espinoza, Gregory, Geiss, Haugh, Switalski, Liss, Robert Jones, Smith, Roberts, Lisa Brown and Polidori and referred to the Committee on Commerce.
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) Been convicted of a criminal offense incident to the
application for or performance of a state contract or subcontract.
(b) Been convicted of any offense that 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) 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 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) Failed to substantially perform a state contract or
subcontract according to its terms, conditions, and specifications
within specified time limits.
(e) Violated department bid solicitation procedures or
violated the terms of a solicitation after bid submission.
(f) Refused to provide information or documents required by a
contract, including, but not limited to, information or documents
necessary for monitoring contract performance.
(g) Failed to respond to requests for information regarding
vendor performance, or accumulated repeated substantiated
complaints regarding performance of a contract or purchase order.
(h) 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.