Section 40D-7.003 - Determination and Notice of a Material Breach of a Contract with the District(1) For the purposes of this chapter, the Procurement Manager, or subsequently titled position, shall determine, in consultation with the District's Executive Director and General Counsel, whether a contractor has materially breached a contract with the District.(2) The determination that a contractor has materially breached a contract with the District shall be based upon a finding that the contractor acted in a manner that was inconsistent with the terms and conditions of the contract under circumstances not excused by the contract, and the action resulted in or involved one or more of the following conditions:(a) An adverse economic impact to the District of greater than $10,000;(b) A delay in the completion of a District project by more than 3 months;(c) The contractor failing to perform in accordance with professional licensing standards and regulations;(d) The contractor intentionally failing to comply with Florida public records laws;(e) The contractor discriminating on the basis of race, color, creed, national origin, sex, age, or handicap;(f) The contractor violating requirements of a District solicitation to ensure the fair award of District contracts, including price fixing between competitors, allocation of customers between competitors, and bid rigging;(g) The contractor demonstrating willful or gross misconduct;(h) The commission of a criminal offense, including public entity crimes as defined in Section 287.133(1)(g), F.S.;(i) The commission of any act indicating a lack of business integrity or honesty; and,(j) The contractor knowingly doing business with a suspended contractor.(3) Upon determining that a contractor materially breached a District contract in accordance with the requirements of subsection 40D-7.003(2), F.A.C., the District will notify the contractor that the Governing Board will determine whether the contractor should be placed on the District's Temporary or Permanent Suspension List by forwarding a Notice to Defaulting Contractor sent Certified U.S. Mail, return receipt requested. The Notice to Defaulting Contractor shall be provided to the contractor at least 7 days prior to the Governing Board meeting.Fla. Admin. Code Ann. R. 40D-7.003
Rulemaking Authority 373.610 FS. Law Implemented 373.610 FS.
Adopted by Florida Register Volume 40, Number 247, December 23, 2014, effective 1/5/2015.