Current through Reg. 50, No. 187; September 24, 2024
(1)
Once the District has notified a contracting entity that it has materially
breached its contract with the District by sending a Termination for Default
Notice, the District's Governing Board shall determine whether the contracting
entity should be suspended, and if so, whether it should be temporarily
suspended and for what period of time, or permanently suspended from doing
business with the District.
(2) In
making such a determination, the District's Governing Board shall consider the
following factors:
(a) The economic impact of
the material breach to the District;
(b) Whether the breach caused or will cause
delay in the completion of a District project;
(c) If the breach caused a delay in
performance, whether it was a substantial delay;
(d) If the breach caused a delay in
performance, whether the District will be impacted in attempting to meet
legislative deadlines;
(e) Whether
the breach involved willful or gross misconduct;
(f) Whether the breach involved the
commission of fraud or a criminal offense in connection with the obtainment or
performance of the District contract;
(g) Whether the breach was a violation of
Federal or State antitrust statutes, including those proscribing price fixing
between competitors, allocation of customers between competitors and bid
rigging;
(h) Whether the breach
involved the falsification or destruction of records;
(i) Whether the contracting entity was on the
District's suspension list at the time it breached its current contract with
the District;
(j) Whether the
contracting entity has materially breached a contract with the District in the
past, and if so, how many times since the effective date of this
rule;
(k) Whether the contracting
entity was on another Federal or State suspension or debarment list at the time
it breached its current contract with the District;
(l) Whether the breach involved
discrimination on the basis of race, color, creed, national origin, sex, age or
handicap;
(m) Whether the breach
involved the commission of embezzlement, theft, forgery or bribery;
falsification of statements or claims; receipt of stolen property; or
obstruction of justice;
(n) Whether
the breach involved the commission of any other offense indicating a lack of
business integrity or business honesty;
(o) Whether the breach involved knowingly
doing business with a suspended contracting entity;
(p) Whether the breach involved a violation
of the District's Small Business Enterprise (SBE) Contracting
Program;
(q) Whether the
contracting entity can pay re-procurement costs in a timely
manner.
(3) All
contracting entities placed on the Temporary Suspension List shall pay the
District re-procurement costs prior to being removed from the Suspension List
and shall be removed from the Temporary Suspension list upon expiration of the
period of suspension.
(4)
Contracting entities that are placed on the Permanent Suspension List will be
permanently barred from doing business with the District.
Rulemaking Authority
373.610 FS. Law Implemented
373.610
FS.
New 4-1-03, Amended
6-15-16.
