Florida Administrative Code › 40 - WATER MANAGEMENT DISTRICTS › 40E - South Florida Water Management District › Chapter 40E-7 - MISCELLANEOUS PROVISIONS › Section 40E-7.672 - Compliance

Current through Reg. 50, No. 138; July 16, 2024
The District shall monitor and evaluate Program performance
				  and compliance as follows:
(1) Each
				District contract shall contain a provision requiring the contractor, during
				the term of the contract, to comply with, as to tasks and proportionate dollar
				amounts throughout the term of the contract, all commitments made in their bids
				or proposals for use of SBEs.
(2)
				Each District contract shall contain a provision requiring maintenance of
				records, and information necessary to document compliance with the rules under
				this Part and shall include the right of the District to inspect such
				records.
(3) Each District contract
				shall contain a provision prohibiting any agreements between a contractor and a
				SBE in which the SBE promises not to provide subcontracting quotations to other
				respondents or potential respondents.
(4) Prime Contractors must notify the
				District when the need to add or replace an SBE subcontractor arises and shall
				provide a completed Form No. 1373, "Small Business Enterprise Subcontractor
				Revised Participation Schedule" effective (August 29, 2013) (
http://www.flrules.org/Gateway/reference.asp?No=Ref-03067
),
				which contains an explanation of the addition or replacement of the SBE
				subcontractor. Form 1373 is incorporated by reference herein and a copy can be
				obtained at no cost by contacting the South Florida Water Management District
				Clerk's Office, South Florida Water Management District, 3301 Gun Club Road,
				West Palm Beach, FL 33406, (800)432-2045, ext. 6805, or (561)682-6805. In
				addition, a completed Form No. 0957, "Statement of Intent to Perform as a Small
				Business Enterprise Subcontractor, " incorporated by reference in paragraph
				 40E-7.670(2)(a),
				F.A.C., must be submitted if applicable.
(5) Failure of the Prime Contractor to meet
				its SBE requirements in a District contract will be a factor considered by the
				District when the District makes its responsibility determinations for future
				District contract awards and when the District considers whether to place a
				contractor on the Temporary or Permanent Suspension List under Rule
				 40E-7.218, F.A.C.
(6) Each District contract awarded with SBE
				participation shall contain a provision incorporating the rules under this part
				by reference and a statement that failure to comply with the requirements of
				the bid or proposal submitted to the District by a contractor shall be
				considered a material breach of contract which may result in suspension or
				debarment of the firms or individuals involved pursuant to Chapter 40E-7,
				F.A.C.
(7) If an SBE Prime
				contractor is in material breach of its contract with the District, as defined
				in subsection  40E-7.215(5),
				F.A.C., the SBE Prime contractor shall be decertified.
(8) If an SBE subcontractor causes Prime
				Contractor to be in material breach of its contract with the District, as
				defined in subsection
				 40E-7.215(5),
				F.A.C., including, but not limited to, performance delay, the SBE subcontractor
				shall be decertified.
Rulemaking Authority
					 373.044,
					 373.113 FS. Law Implemented
					 373.1135
					 FS.
New 8-3-06, Amended 8-29-13,
					 12-9-20.