Flushing Library Contract eBook

period of such delay caused by the vendor. When an issue regarding delay is raised by either party or the administrative law judge, the vendor shall bear the burden of demonstrating that the delay was not caused by the vendor. (3) Appeal. All suspensions may be appealed as set forth herein. (i) Time Limit. A vendor shall have ten days from receipt of the agency’s notification to file a written appeal with the Agency Head. Receipt of notice by the vendor shall be deemed to be no later than five days from the date of mailing or upon delivery, if delivered. Filing of the appeal shall be accomplished by actual delivery of the appeal document to the office of the Agency Head. (ii) Form and Content. The appeal shall be in writing and shall briefly state all the facts or other basis upon which the vendor contests the suspension. Supporting documentation, if any, shall be included. (iii) Determination. Solicitation, award, or performance of a procurement shall not be delayed, except at the discretion of the Agency Head, because of an appeal filed pursuant to this section. The Agency Head shall consider the appeal and shall make a prompt written decision with respect to its merits, a copy of which shall be sent to the vendor. The Agency Head’s decision shall be final. The Agency Head may not delegate the authority to make a decision on the appeal to the ACCO. Hearing Procedure for Debarment. (1) The proceedings shall be conducted in accordance with the rules of OATH. The hearing shall be limited to the allegations and other issues placed in controversy by the pleadings. (2) The vendor shall file an answer within the time provided by the rules of OATH. The answer shall include an admission, denial, or other response to each of the allegations in the petition, and the omission of such a response to any allegation in the petition shall be deemed an admission of that allegation. Should the vendor fail to file a timely answer to the petition, all of the allegations of the petition shall be deemed to be admitted, and the hearing shall be limited to submissions and argument concerning the scope and period of the debarment to be imposed. (3) At any time before any debarment, the vendor and the petitioning agency may enter into an informal disposition agreement relating to the debarment.

(d)

(e)

Scope of Sanctions.

(1) OATH may, in debarring a vendor, disqualify that vendor from being awarded a procurement, performing as a subcontractor, providing supplies for a procurement, and/or exercising a renewal option. OATH may impose such

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