§ 102-438. Sanctions and penalties.

The Director of the department of purchasing and contract compliance shall have the authority and power to enforce the provisions of this Code section. Failure by a bidder, contractor, or vendor to comply with the requirements of this Code section shall subject the noncomplying party to administrative sanctions. In addition, a violation of this Code section shall constitute a material breach of contract, enforceable at law or in equity as with all other contract provisions. The following sanctions and penalties are established for the enforcement of this Code section:

(1)

Declaration of non-responsiveness. Declare a bid nonresponsive.

(2)

Recommendation of cancellation or termination of contract. Declare a contract null and void, cancelled or terminated where, after such contract has been awarded, it is determined that the bidder's, contractor's or vendor's bid or other relevant document contains false or misleading information.

(3)

Rejection of future bids. Fulton County may reject any or all future bids of a bidder until such time as the bidder shall have demonstrated that it is in compliance or shall come into compliance with the provisions of the Code section.

(4)

Limited partial withholding of payments. Fulton County may withhold an amount not to exceed more than ten percent of all progress payments otherwise due and payable under contract until the bidder, contractor, or vendor is in compliance with the provisions of this Code section.

(5)

Total withholding of payments. Fulton County may withhold the entirety of all progress payments otherwise due and payable under contract until the bidder; contractor or vendor is in compliance with the provisions of this Code section.

(6)

Limited suspension and debarment. For falsifications and misrepresentations, Fulton County may remove a bidder, contractor or vendor from its list of pre-qualified or otherwise eligible entities entitled to do business with Fulton County for a period not to exceed one year.

(7)

Permanent debarment. For repeated violations, Fulton County may remove a bidder, contractor, or vendor from its list of pre-qualified or otherwise eligible entities entitled to do business with Fulton County.

(Res. No. 13-0052, 1-23-13)

Note— Formerly Code, Pt. II, § 102-471.