The Joint Administrative Procedures Committee recently reviewed the District’s Vendor Suspension Rules and advised the District of the need to amend the rules in order to correct a reference and state the circumstances and conditions for ...

 

WATER MANAGEMENT DISTRICTS

South Florida Water Management District

RULE NOS.:RULE TITLES:

40E-7.214Policy

40E-7.216Cure Notice

40E-7.218Factors to Determine Whether a Contracting Entity Should be Placed on the Temporary or Permanent Suspension List

PURPOSE AND EFFECT: The Joint Administrative Procedures Committee recently reviewed the District’s Vendor Suspension Rules and advised the District of the need to amend the rules in order to correct a reference and state the circumstances and conditions for reinstatement after suspension.

SUMMARY: To implement the comments received from the Joint Administrative Procedures Committee and to make other minor changes. The proposed amendments are in the following sections: 40E-7.214 (Policy), and 40E-7.216 (Cure Notice) – Change position title of Director of Procurement to Procurement Bureau Chief; 40E-7.216(1) (Cure Notice) – In the definition of “material breach” correct the referenced subsection; 40E-7.218 (2) and (3) (Factors to Determine Whether a Contracting Entity Should be Placed on the Temporary or Permanent Suspension List) – Add reinstatement circumstances and conditions and change reference from Minority Business Enterprise Rule to Small Business Enterprise Contracting Program.

SUMMARY OF STATEMENT OF ESTIMATED REGULATORY COSTS AND LEGISLATIVE RATIFICATION: The Agency has determined that this will not have an adverse impact on small business or likely increase directly or indirectly regulatory costs in excess of $200,000 in the aggregate within one year after the implementation of the rule. A SERC has not been prepared by the Agency.

The Agency has determined that the proposed rule is not expected to require legislative ratification based on the statement of estimated regulatory costs or if no SERC is required, the information expressly relied upon and described herein: The District has completed for the Governor’s Office of Fiscal Accountability and Regulatory Reform (OFARR) the “Is a SERC Required?” form, which is available upon request. Based on the completed “Is a SERC Required?” form, the proposed rule amendments are not expected to require legislative ratification pursuant to the subsection 120.541(3), F.S.

Any person who wishes to provide information regarding a statement of estimated regulatory costs, or provide a proposal for a lower cost regulatory alternative must do so in writing within 21 days of this notice.

RULEMAKING AUTHORITY: 373.610 FS.

LAW IMPLEMENTED: 373.610 FS.

IF REQUESTED WITHIN 21 DAYS OF THE DATE OF THIS NOTICE, A HEARING WILL BE SCHEDULED AND ANNOUNCED IN THE FAR.

Pursuant to the provisions of the Americans with Disabilities Act, any person requiring special accommodations to participate in this workshop/meeting is asked to advise the agency at least 5 days before the workshop/meeting by contacting: South Florida Water Management District Clerk at 1(800) 432-2045, ext. 6805 or [phone]. If you are hearing or speech impaired, please contact the agency using the Florida Relay Service, 1(800)955-8771 (TDD) or 1(800)955-8770 (Voice).

THE PERSON TO BE CONTACTED REGARDING THE PROPOSED RULE IS: Dorothy Bradshaw, Bureau Chief Procurement, South Florida Water Management District, 3301 Gun Club Road, West Palm Beach, FL 33416-4680, telephone [phone], ext. 2823 or [phone], or by email:[e-mail]. For procedural questions, please contact Charron Follins, Senior Paralegal, South Florida Water Management District, 3301 Gun Club Road, West Palm Beach, FL 33416-4680, telephone: [phone], ext. 6293 or [phone] or by email: [e-mail]

 

THE FULL TEXT OF THE PROPOSED RULE IS:

 

40E-7.214 Policy.

(1) and (2) No Change.

(3) The District Governing Board, upon recommendation by the Procurement Bureau Chief Director of Procurement, shall be authorized to temporarily or permanently suspend a contractor from doing business with the District. Suspension must be based on adequate evidence indicating that the contractor has materially breached its contract with the District.

(4) No Change.

Rulemaking Authority 373.610 FS. Law Implemented 373.610 FS. History–New 4-1-03, Amended                 .

 

40E-7.216 Cure Notice.

(1) The Procurement Bureau Chief Director of Procurement shall establish whether a material breach as defined in subsection 40E-7.215(5)(4), F.A.C., has occurred. If the Procurement Bureau Chief Director of Procurement determines that a contracting entity materially breached its contract with the District, the Procurement Bureau Chief Director of Procurement shall initiate termination for default and suspension procedures.

(2) The Procurement Bureau Chief Director of Procurement shall notify the contracting entity of the material breach of its contract with the District by forwarding a Cure Notice sent Certified U.S. Mail, return receipt requested.

Rulemaking Authority 373.610 FS. Law Implemented 373.610 FS. History–New 4-1-03, Amended                   .

 

40E-7.218 Factors to Determine Whether a Contracting Entity Should be Placed on the Temporary or Permanent Suspension List.

(1) No Change.

(2) In making such a determination, the District’s Governing Board shall consider the following factors:

(a) through (o) No change.

(p) Whether the breach involved a violation of the District’s Small Business Enterprise (SBE) MBE Contracting Program Rule;

(q) No Change.

(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) No Change.

Rulemaking Authority 373.610 FS. Law Implemented 373.610 FS. History–New 4-1-03, Amended                   .

 

NAME OF PERSON ORIGINATING PROPOSED RULE: Dorothy Bradshaw, Procurement Bureau Chief

NAME OF AGENCY HEAD WHO APPROVED THE PROPOSED RULE: Governing Board South Florida Water Management District

DATE PROPOSED RULE APPROVED BY AGENCY HEAD: April 14, 2016

DATE NOTICE OF PROPOSED RULE DEVELOPMENT PUBLISHED IN FAR: March 25, 2016