Palm Beach State College Board Policy

The College shall transact business only with responsible suppliers and shall not enter into contracts with parties that are suspended, debarred, or otherwise ineligible under applicable federal or state law, regulation, or Board policy. This Policy is designed to ensure that suppliers maintain compliance with College requirements and are held to the highest standards of performance.

The College reserves the right, in accordance with this policy and applicable law, to suspend or debar any supplier when it is determined to be in the best interest of the College.

Nothing in this policy shall be construed to limit the College’s rights or remedies under applicable law or contract, nor to create any right or entitlement for any supplier to receive a contract or participate in College procurement activities.

Debarment: To permanently exclude a supplier from transacting business with the College, including subcontracting.

Responsibility: A supplier with the integrity and reliability as well as the financial and technical capacity to perform the requirements of a contract.

Suspension: To disqualify a supplier from transacting business with the College for a specified period of time, not to exceed five (5) years.

Transacting business with the College: All forms of contracting and purchasing, including, but not limited to, contracting and subcontracting, purchase orders, purchasing card transactions, subrecipient agreements, and grant agreements.

1. The College shall not transact business with suppliers suspended or debarred by federal or state agencies.
2. Supplier eligibility shall be verified prior to contract award.
3. Documentation of verification shall be maintained and retained in accordance with applicable recordkeeping requirements.
4. The College may require suppliers to certify that neither the business nor its principals or officers are suspended, debarred, or otherwise excluded from participation in federal or state programs.
5. The College reserves the right to verify supplier eligibility at any time during the procurement process or during performance of any work.
6. For purposes of this policy, suspension or debarment may apply to a supplier, its principals or officers, and any affiliates or entities under common control, as determined by the College, based on ownership, control, or other indicia of affiliation.

1. The Procurement Director or designee is authorized to impose supplier suspension upon a determination that adequate cause exists.
2. Suspension may be imposed when there is adequate evidence of fraud, criminal conduct, unethical behavior, serious failure to perform, submission of false information, or other causes affecting supplier responsibility.
3. Suspension may be imposed without prior notice when necessary to protect the interests of the College.
4. Written notice to the suspended supplier shall be provided as soon as practicable, and a written determination shall be issued. The notice shall include the basis, scope, and duration of the suspension.
5. Suspended suppliers shall be immediately ineligible to transact business with the College unless otherwise authorized in writing by the Procurement Director or designee.
6. A suspended supplier shall be provided an opportunity to submit a written response or rebuttal pursuant to procedures issued by the President or designee.

1. The Vice President of Finance and Administration or designee is authorized to impose debarment based on a determination that cause exists.
2. Debarment may be imposed for civil and/or criminal conduct, serious or repeated failure to perform, violations of laws or policies, or other serious causes affecting supplier responsibility.
3. Written notice to the debarred supplier shall be provided as soon as practicable, and a written determination shall be issued.  The notice of proposed debarment shall specify the grounds for the action.
4. A debarred supplier shall be provided an opportunity to submit a written response or rebuttal pursuant to procedures issued by the President or designee.

1. A suspended or debarred supplier shall be provided an opportunity to submit a written appeal pursuant to procedures issued by the President or designee.
2. Appeals must include all supporting documentation and clearly state the grounds for appeal.
3. Appeals shall be reviewed by the President or designee, whose decision shall be final within the College’s administrative process.
4. The filing of an appeal shall not stay suspension or debarment unless expressly authorized in writing.

1. Upon expiration of a suspension period, a supplier may request reinstatement by submitting evidence of corrective action or changed circumstances.
2. Suspension reinstatement shall be approved or denied in writing by the Procurement Director or designee.
3. Reinstatement shall be granted in accordance with this policy and applicable law.

The President or designee may authorize a limited exception to the procedural or administrative requirements of this policy, on a case-by-case basis, when it is determined to be in the best interest of the College and permitted by law.