Determination and Notice of a Contractor Suspension

 

WATER MANAGEMENT DISTRICTS

Northwest Florida Water Management District

RULE NO.:RULE TITLE:

40A-7.004Determination and Notice of a Contractor Suspension

NOTICE OF CHANGE

Notice is hereby given that the following changes have been made to the proposed rule in accordance with subparagraph 120.54(3)(d)1., F.S., published in Vol. 46 No. 57, March 23, 2020 issue of the Florida Administrative Register.

40A-7.004 Determination and Notice of a Contractor Suspension.

(1) No change.

(2) The Governing Board shall consider the following Wwhen determining whether a contractor should be temporarily suspended from doing business with the District for a period of time of no more than 5 years 1 year, the Governing Board shall consider whether:

(a) through (d) No change.

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

(f) The contractor committed a material breach which involved willful or gross misconduct;

(g) No change.

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

(i) The contractor committed a material breach which involved knowingly doing business with a suspended contractor.; or

(h) The contractor has materially breached a contract with the District on more than one occasion within the last 3 calendar years by having financial consequences imposed by the District or having forfeited a portion or all of a performance bond.

(3) The Governing Board shall consider the following Wwhen making a determination whether a contractor should be permanently suspended from doing business with the District, the Governing Board shall consider, in addition to those criteria in section (2) above, whether:

(a) through (b) No change.

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

(c)(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; or and,

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

(4) No change.

(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.The conditions for reinstatement for a contractor placed on the Temporary Suspension List shall be:

(a) the contractor shall make a written request to the District for reinstatement;

(b) the contractor’s temporary suspension period must be completed; and

(c) the contractor shall have reimbursed the District for all re-procurement costs incurred by the District resulting from the contractor’s breach.

(6) No change.