Flushing Library Contract eBook

decision was made in violation of lawful procedure, was affected by an error of law, or was arbitrary and capricious or an abuse of discretion. No evidence or information shall be introduced or relied upon in such proceeding that was not presented to the CDRB in accordance with this section. (h) Final Decision Not Impaired by Contract Termination. Any termination, cancellation, or alleged breach of the contract prior to or during the pendency of any proceedings pursuant to this section shall not affect or impair the ability of the Agency Head or CDRB to make a binding and final decision pursuant to this section. Applicability. It is the policy of the City that vendors are not subject to debarment pursuant to these Rules and agencies may not debar vendors based on the grounds set forth in this section. The activities and conduct indicated to be grounds for debarment listed in this section, however, are specifically referenced in City construction contracts as grounds for default. So as not to disturb the effect of those contract provisions with respect to default, the listing of the grounds for debarment shall remain in these Rules, although agencies may not use such grounds to institute a debarment proceeding. (b) Grounds for Debarment. (1) Grounds for debarment include the following acts or omissions on the part of the vendor or any of its officers, directors, partners, five percent shareholders, principals, or other person substantially involved in its activities: Section 4-10 DEBARMENT AND SUSPENSION. (a)

(i) indictment or conviction under any state or federal law of any of the following except that indictment alone may be a cause for debarment only for such time as the indictment continues: (A) a criminal offense incident to obtaining or attempting to obtain or performing a public or private contract; (B) fraud, embezzlement, theft, bribery, forgery, falsification or destruction of records, or receiving stolen property; (C) a criminal violation of any state or federal antitrust law; (D) violation of the Racketeer Influence and Corrupt Organization Act, 18 U.S.C. section 1961 et seq, or the Mail Fraud Act, 18 U.S.C. section 1341 et seq, for acts in connection with the submission of bids or proposals for a public or private contract; (E) conspiracy to commit any act or omission that would constitute grounds for conviction or liability under any statute described in subparagraph (D) above; or

162