PURPOSE
To protect the integrity of Rensselaer's bidding process and define the practice of suspending and/or removing
vendors from bidder's lists.
POLICY
Rensselaer may at its discretion suspend or
remove a vendor from the solicitation process if any of the following causes
occur on one or more purchase orders or contracts:
- Unsatisfactory performance (i.e., poor performance, delivery or
default on one or more purchase orders or contracts, including any
provision of contract terms, for construction service or commodities,
including but not limited to over shipments, under shipments, providing
damaged or defective goods, making unauthorized substitutions, billing
errors, service deficiencies, or poor workmanship) unless the
unsatisfactory performance is caused by acts beyond the control of the
business, such as acts of God, acts of war, fires, or strikes.
- Failure to respond to three consecutive requests for bid.
- Conviction of the business or an officer or principal shareholder of
the business for commission of a criminal offense in connection with
obtaining, attempting to obtain or performing a contract or subcontract.
- Violation of anti-trust statutes relating to the submission of bids.
- Bankruptcy or pending bankruptcy of the vendor.
- Unethical practices or violation of Rensselaer's policies.
- Inclusion in the U.S. Government Lists of Parties Excluded from Federal
Procurement or Non-Procurement Programs.
PROCEDURE
The Director of Materials Management has the authority to suspend a business
for cause from participating in Rensselaer's
solicitation process.
Written Notification from the Director of Materials Management must be sent
to the suspended vendor stating the basis for the suspension, the vendor's
rights to protest the action, and the condition/procedures required to be
reinstated.
The suspension shall be for a period of no less than six months but not
exceed three years.
In order for a vendor to modify or shorten the suspension period, supporting
documentation must be submitted to the Purchasing Office, including but not
limited to:
- Genuine change in ownership
and management of the business
- Elimination or mitigation of
the cause for which the suspension was imposed
Upon termination or expiration of the suspension period, vendors shall be
eligible to participate in the bidding process. No written notice will be sent
to the vendor unless the period has been shortened.
If a vendor is suspended a second time for the same cause, permanent
suspension will result.
Delivery Issues or Failure to Perform
Further steps required in instances of delivery or performance problems are
as follows:
- It is the responsibility of
the Requesting Department experiencing dissatisfaction with the vendor
performance to notify the Purchasing Department of the complaint.
- The Purchasing Department
will review the facts through discussions with the Requesting Department
to determine the appropriate course of action.
- The Requesting Department may
be required to provide specific details and reasons for dissatisfaction in
writing.
- The steps leading to
suspension shall be as follows:
- First offense -
discussion with the vendor and/or a verbal warning.
- Second offense -
written warning signed by the Director of Materials Management.
- Third offense -
suspension.
Revised 3/02, 1/05