Contractor Prequalification

   

Understanding The Legislative Intent of Contractor Prequalification & Debarment

In 1994, The Florida Department of Education (DOE) issued State Requirements For Educational Facilities (SREF) to enumerate the requirements for contractor Prequalification, that a school board, may at its option, adopt. Later, in 1998, a Florida statute was enacted which required school boards to pre-qualify contractors prior to their bidding on construction or capital improvement projects of educational facilities. This statute, along with the 1999 version of SREF 4.1(8), gave rise to School Board Policy 6334, in which the District created the Contractor Prequalification Department.

The functions and responsibilities of the prequalification legislation require administration distinguishable from the responsibilities and functions of the Construction Department, and distinguishable in scope and application from the duties of Facilities Management. Rather, the functions and responsibilities of the Department of  Prequalification and Debarment were designed by the DOE and the legislature to be more in line with a compliance and enforcement duty of care obligation. This distinction necessitates the avoidance of conflict of interests with the administration and management of each departments, therefore requiring the Prequalification Division to keep an appropriate arms distance relationship while administering transparent, and impartial due process remedies in cases where poor performing contractors are accurately identified.

This department is, on a go-forward basis, to avoid potential conflicts of interest implementing a more thorough standard of care to further protect the District from potential risk or liability from poor performing contractors. This new implemented process will assist the District yield its desired good construction objectives, best practices standard of financial management, and comport with best management practices.

 

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