A responsible Contractor is a Contractor
who has demonstrated the attribute of trustworthiness, as well as quality, fitness, capacity
and experience to satisfactorily perform the contract. It is the County’s policy to conduct
business only with responsible Contractors.
non-responsibility and contractor debarment shall be made
in accordance with the procedures set forth in the ordinance
and implementation instructions issued by the Auditor-Controller.
Contractors are hereby notified that,
in accordance with Chapter 2.202 of the County Code, the County may determine whether the
Contractor is responsible based on a review of the Contractor’s performance on any contracts,
including but not limited to County contracts. Particular attention will be given to
violations of labor laws related to employee compensation and benefits, and evidence of
false claims made by the Contractor against public entities. Labor law violations which
are the fault of the subcontractors and of which the Contractor had no knowledge shall
not be the basis of a determination that the Contractor is not responsible.
The County may declare a Contractor to
be non responsible for purposes of this contract if the Board of Supervisors, in its
discretion, finds that the Contractor has done any of the following: (1) violated a term
of a contract with the County or a nonprofit corporation created by the County;
(2) committed an act or omission which negatively reflects on the Contractor’s quality,
fitness or capacity to perform a contract with the County, any other public entity, or a
nonprofit corporation created by the County, or engaged in a pattern or practice which
negatively reflects on same; (3) committed an act or omission which indicates a lack of
business integrity or business honesty; or (4) made or submitted a false claim against
the County or any other public entity.
If there is evidence that the apparent
highest ranked Contractor may not be responsible, the Department shall notify the Contractor
in writing of the evidence relating to the Contractor’s responsibility, and its intention
to recommend to the Board of Supervisors that the Contractor be found not responsible.
The Department shall provide the Contractor and/or the Contractor’s representative with an
opportunity to present evidence as to why the Contractor should be found to be responsible
and to rebut evidence which is the basis for the Department’s recommendation.
If the Contractor presents evidence
in rebuttal to the Department, the Department shall evaluate the merits of such evidence,
and based on that evaluation, make a recommendation to the Board of Supervisors. The final
decision concerning the responsibility of the Contractor shall reside with the Board of
terms shall also apply to proposed subcontractors of Contractors
on County contracts.
Implementation Instructions Procedures for Determinations of Contractor Non-Responsibility and Contractor Debarment
Listing of Contractors Debarred in Los Angeles County