Bill Text: MI HB4282 | 2009-2010 | 95th Legislature | Engrossed
Bill Title: State financing and management; purchasing; debarment process for vendors; modify. Amends sec. 264 of 1984 PA 431 (MCL 18.1264).
Spectrum: Partisan Bill (Democrat 12-0)
Status: (Introduced - Dead) 2009-06-16 - Referred To Committee On Commerce And Tourism [HB4282 Detail]
Download: Michigan-2009-HB4282-Engrossed.html
HB-4282, As Passed House, June 11, 2009
SUBSTITUTE FOR
HOUSE BILL NO. 4282
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 consideration for the
award of a construction
contract or a contract for the provision of goods or services to
this state 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, under a state or federal statute, of
embezzlement, theft, forgery, bribery, falsification or destruction
of records, receiving stolen property, or any other similar offense
that indicates a lack of business integrity or business honesty
that currently, seriously, and directly affects responsibility as a
state vendor.
(c) Been convicted of a violation of a state or federal
antitrust statute arising out of the submission of bids or
proposals to the state.
(d) 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 a lack of business integrity or
business honesty that currently, seriously, and directly affects
responsibility as a state vendor. An offense or violation under
this subdivision includes, but is not limited to, a willful or
persistent 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) The Michigan occupational safety and health act, 1974 PA
154, MCL 408.1001 to 408.1094.
(e) Committed violations of contract provisions that the
department regards as so serious or compelling as to affect the
vendor's present ability to perform a state contract responsibly.
Serious and compelling violations include deliberate or consistent
failure without good cause to perform in accordance with the
specifications or within time limits provided in the contract, but
failure to perform or unsatisfactory performance that is caused by
factors beyond the control of the vendor is not grounds for
debarment.
(f) Violated department bid solicitation procedures or
violated the terms of a solicitation after bid submission.
(g) Deliberately or consistently refused to provide
information or documents required by a contract with this state,
including, but not limited to, information or documents necessary
for monitoring contract performance.
(h) Deliberately or consistently failed to respond to the
department's requests for information regarding vendor performance
or to accumulated, repeated, and substantiated complaints regarding
performance of a contract or purchase order with this state.
(i) Deliberately or consistently 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 of receipt of the notice, the department
shall issue the decision to debar without a hearing. The debarment
period may be of any length, up to 3 years. After the debarment
period expires, the vendor may reapply for inclusion on bidder
lists through the regular application process.
(3) The department shall include its procedure for debarment
on the department website. The procedure shall include an
independent review of the proposed debarment by a reviewer who was
not involved in the process or decision to debar and shall indicate
that the debarment shall not take effect until approved by the
director.
(4) As used in this section, "willful" means committed with an
intentional and knowing disregard of the requirements of the act,
rule, or standard, but does not require a showing of moral
turpitude, evil purpose, or criminal intent.