Flushing Library Contract eBook

(xi) any other cause sufficiently serious and compelling that a reasonable person would seriously doubt the capability of the vendor to perform City procurement requirements. (2) A vendor may also be debarred if: (i) it was founded or established, or operates in a manner designed, to evade the application or defeat the purpose of these Rules, or (ii) it is a successor, assignee, subsidiary, or affiliate of a suspended or debarred vendor. (3) Imputed Conduct. (i) The fraudulent, criminal, or other improper conduct of any officer, director, shareholder, partner, employee, or other individual associated with a vendor may be imputed to that vendor when the conduct occurred in connection with the individual’s performance of duties for or on behalf of the vendor or with the vendor’s knowledge, approval, or acquiescence. The vendor’s acceptance of the benefits derived from the conduct shall be evidence of such knowledge, approval, or acquiescence. (ii) The fraudulent, criminal, or other improper conduct of a vendor may be imputed to any officer, director, shareholder, partner, employee, or other individual associated with that vendor who participated in, knew of, or had reason to know of the vendor’s conduct. (iii) The fraudulent, criminal, or other seriously improper conduct of one vendor participating in a joint venture or similar arrangement may be imputed to the other participating vendors if the conduct occurred for or on behalf of the joint venture or other similar arrangement, or with the knowledge, approval, or acquiescence of these vendors. Acceptance of the benefits derived from the conduct shall be evidence of such knowledge, approval, or acquiescence. An agency petitioning OATH for the debarment of a vendor or having knowledge of facts that may form the basis of such a petition may in its exclusive discretion suspend such vendor from consideration for the award of any procurement with the City. The decision to suspend a vendor shall be made by the ACCO and shall not be delegated. (2) A suspension shall be effective for no longer than three months, except that delay of a debarment proceeding that is caused by a suspended vendor shall be deemed to be consent by that vendor to an extension of the suspension beyond the three-month maximum. The period of such extension shall be equal to the Suspension. (1)

(c)

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