Florida Administrative Code
40 - WATER MANAGEMENT DISTRICTS
40D - Southwest Florida Water Management District
Chapter 40D-7 - CONTRACTOR SUSPENSION
Section 40D-7.004 - Determination and Notice of a Contractor Suspension

Universal Citation: FL Admin Code R 40D-7.004

Current through Reg. 50, No. 187; September 24, 2024

(1) Once the District has sent a Notice to Defaulting Contractor to the contractor, the Governing Board shall determine whether the contractor should be suspended from doing business with the District, and if suspended, the duration of the suspension.

(2) The Governing Board shall consider the following when determining whether a contractor should be temporarily suspended from doing business with the District for a period of time no more than 5 years:

(a) The material breach resulted in an adverse economic impact to the District of less than $50, 000;

(b) The material breach resulted in a delay in the completion of a District project of less than 1 year;

(c) The contractor failed to perform in accordance with professional licensing standards and regulations;

(d) The contractor failed to comply with Florida public records laws;

(e) The material breach involved discrimination on the basis of race, color, creed, national origin, sex, age, or handicap;

(f) The material breach involved willful or gross misconduct;

(g) The District has terminated a District contract with the contractor due to the contractor's material breach within the past 5 years;

(h) The material breach involved the commission of any act indicating a lack of business integrity or honesty; and,

(i) The material breach involved knowingly doing business with a suspended contractor.

(3) The Governing Board shall consider the following when making a determination whether a contractor should be permanently suspended from doing business with the District:

(a) The material breach resulted in an adverse economic impact to the District of $50, 000 or more;

(b) The material breach resulted in a delay in the completion of a District project of 1 year or more;

(c) The material breach involved discrimination on the basis of race, color, creed, national origin, sex, age, or handicap;

(d) The contractor violated a District solicitation to ensure the fair award of District contracts, including price fixing between competitors, allocation of customers between competitors, and bid rigging; and,

(e) The material breach involved the commission of a criminal offense, including public entity crimes as defined in Section 287.133(1)(g), F.S.;

(4) The District shall issue a Suspension Notice by Certified U.S. Mail, return receipt requested, upon the Governing Board's determination that the contractor will not be suspended or has been temporarily or permanently suspended from doing business with the District. The Suspension Notice shall specify the basis for the Governing Board's determination and the duration of any suspension. The notice shall inform the contractor that its principals shall not do business with the District under a different name or form a new legal entity in order to do business with the District while the contractor remains on the Suspension List.

(5) Upon written request to the District a contractor placed on the Temporary Suspension List will be reinstated at the conclusion of the contractor's suspension period after reimbursing the District for all re-procurement costs.

(6) Contractors that are placed on the Permanent Suspension List will be permanently suspended from doing business with the District.

Rulemaking Authority 373.610 FS. Law Implemented 373.610 FS.

New 1-5-15.

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