200-305-050  <<  200-305-060 >>   200-305-070

WAC 200-305-060

Notice of recommended debarment or fine in lieu of debarment.

(1) If, based on the investigation, the investigating official determines that the facts support debarment or a fine in lieu of debarment the investigating official shall notify the affected contractor and affiliates. The investigating official shall cause service of the notice of recommended debarment or fine in lieu of debarment on the affected contractor and affiliates. The notice shall include the following information:
(a) The effective date for any recommended debarment or fine in lieu of debarment;
(b) Each cause for the recommended debarment or fine in lieu of debarment and the facts that the investigating official found that support each cause;
(c) The period of the recommended debarment or the amount of the fine in lieu of debarment and the deadline for payment of such fine in lieu of debarment;
(d) Notice that, in the case of a fine in lieu of debarment, if such fine is not timely paid, the fact that such failure will cause the fine in lieu of debarment to be converted to a debarment, without further action or process, and state the period of the recommended debarment in such event;
(e) How the recommended debarment or fine in lieu of debarment will impact either the contractor or affiliates or both;
(f) The notice shall state that if no hearing is requested within thirty days of the date of issuance of the notice, the debarring official may issue a final, unappealable debarment order or fine in lieu of debarment order.
(2) Either the contractor or affiliates or both, as applicable, may request a hearing in accordance with WAC 200-305-070 to dispute the recommended debarment or recommended fine in lieu of debarment or the recommended debarment period or the recommended amount of the fine in lieu of debarment.
(3) Where a hearing is requested, the recommended debarment order or fine in lieu of debarment order will not go into effect until the resolution of the hearing in accordance with WAC 200-305-080.
(4) If no one requests a hearing, the investigating official will provide the report and recommendation to the debarring official, who may issue the recommendation as a final debarment order or fine in lieu of debarment order. The order shall include the effective date and term of the debarment order or fine in lieu of debarment order. If the debarring official elects to impose a sanction that is more severe than the recommendation of the investigating official, a new notice will be provided and an opportunity to request a hearing under WAC 200-305-070 will be provided before the order becomes effective.
(5) A fine in lieu of debarment order shall not constitute a debarment order.
[Statutory Authority: RCW 43.19.011, 39.26.200 and 2015 c 44. WSR 18-21-055, § 200-305-060, filed 10/9/18, effective 11/9/18. Statutory Authority: RCW 39.26.200 and 43.19.011. WSR 13-09-069, § 200-305-060, filed 4/17/13, effective 5/18/13.]
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