Florida Regulations 40E-7.218: Factors to Determine Whether a Contracting Entity Should be Placed on the Temporary or Permanent Suspension List
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(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 Florida Statutes § 373.610. History-New 4-1-03, Amended 6-15-16.
Terms Used In Florida Regulations 40E-7.218
- Contract: A legal written agreement that becomes binding when signed.
- Embezzlement: In most states, embezzlement is defined as theft/larceny of assets (money or property) by a person in a position of trust or responsibility over those assets. Embezzlement typically occurs in the employment and corporate settings. Source: OCC
- Forgery: The fraudulent signing or alteration of another's name to an instrument such as a deed, mortgage, or check. The intent of the forgery is to deceive or defraud. Source: OCC
- Fraud: Intentional deception resulting in injury to another.
(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 Florida Statutes § 373.610. History-New 4-1-03, Amended 6-15-16.