7-Litigation History.docx

DOCX document 42 KB Posted

Attached to
Perimeter Security Fence & Site Prep
Solicitation number
BLD080526B1
Issued by
Florida

About this file

This is a Litigation History Disclosure Form required by a Florida County for vendors responding to a solicitation for Perimeter Security Fence and Site Preparation services for the Solid Waste and Recycling Services Division. The form mandates that vendors disclose all material litigation cases filed, pending, or resolved during the three years preceding the solicitation response end date, whether brought by or against the vendor, its parent company, subsidiary, predecessor organization, or principals. Material cases are defined as those relating to similar work being performed, allegations of fraud, negligence, error, omissions, or malpractice, vendor default or failure to perform, financial condition issues including bankruptcy, or criminal proceedings involving business-related offenses. Vendors must also disclose all material cases involving any proposed subcontractors or subconsultants against the County during the five years prior to the solicitation response. The completed form must be submitted with the vendor's solicitation response, and failure to provide complete disclosure of all material cases and litigation history may result in the vendor being deemed non-responsive.

For each disclosed material case, vendors are required to provide comprehensive information including case number, case name, filing date, court or tribunal name, case type, claim details, case disposition, judgment outcome, and copies of any judgments or settlement agreements. Redactions of confidential settlement agreement portions are permitted only with vendor certification that redactions comply with pre-existing confidentiality agreements. The County will use the vendor's litigation history as a factor in determining vendor responsibility and qualification. Vendors that are joint ventures must provide litigation information for the joint venture entity and all constituent entities. The form was dated September 9, 2024, and vendors must submit completed forms with their solicitation response or within three business days of the County's request, or face potential non-responsive determination.

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LITIGATION HISTORY

LITIGATION HISTORY FORM

A. Vendor is required to disclose to the County all “material” cases during the last three (3) years prior to the solicitation response end date, whether such cases were brought by or against the Vendor, any parent or subsidiary of the Vendor, or any predecessor organization.

B. Additionally, the Vendor is required to disclose to the County all “material” cases against any principal of Vendor, regardless of whether the principal was associated with Vendor at the time of the “material” cases against the principal, during the last three (3) years prior to the solicitation response.

C. A “case” means any filed, pending, or resolved litigation, arbitration, or administrative proceeding.

D. A case is considered “material” if it relates, in whole or in part, to any of the following:

1. A similar type of work that the Vendor is seeking to perform for the County under the current solicitation;

2. An allegation of fraud, negligence, error or omissions, or malpractice against the Vendor or any of its principals or agents who would be performing work under the current solicitation;

3. A vendor’s default, termination, suspension, failure to perform, or improper performance in connection with any contract;

4. The financial condition of the Vendor, including any bankruptcy petition (voluntary and involuntary) or receivership; or

5. A criminal proceeding or hearing concerning business-related offenses in which the Vendor or its principals (including officers) were/are defendants.

E. For each material case, the Vendor is required to provide all information identified in the Litigation History Form. Additionally, the Vendor shall provide a copy of any judgment or settlement of any material case during the last three (3) years prior to the solicitation response. Redactions of any confidential portions of the settlement agreement are only permitted upon a certification by the Vendor that all redactions are required under the express terms of a pre-existing confidentiality agreement or provision.

F. The County will consider the Vendor’s litigation history information in its review and determination of responsibility.

G. If the Vendor is a joint venture, the information provided must encompass the joint venture and each of the entities forming the joint venture.

H. Vendor is required to disclose to the County any and all cases(s) that exist between the County and any of the Vendor’s subcontractors/subconsultants proposed to work on this project during the last five (5) years prior to the solicitation response.

I. Failure to disclose any material case, including all requested information in connection with each such case, as well as failure to disclose the Vendor’s subcontractors/subconsultants litigation history against the County, may result in the Vendor being deemed nonresponsive.

Form Date 9/9/24

The completed form(s) should be returned with the Vendor’s submittal. If not provided with submittal, the Vendor must submit within three business days of County’s request. Vendor may be deemed non-responsive for failure to fully comply within stated timeframes.

☐ There are no material cases for this Vendor; or

☐ Material Case(s) are disclosed below:

Is this for a: (check type)

☐Parent Company
☐Subsidiary
☐Predecessor Firm
☐None of the above

If Yes: Name of Parent Subsidiary/Predecessor: Click or tap here to enter text.

Vendor is Plaintiff ☐ Vendor is Defendant ☐

Case Number: Click or tap here to enter text.

Case Name: Click or tap here to enter text.

Date Filed: Click or tap here to enter text.

Name of Court or other Tribunal: Click or tap here to enter text.

Type of Case: Bankruptcy ☐ Civil ☐ Criminal ☐ Administrative/Regulatory ☐

Claim or Cause of Action and Brief description of each Count: Click or tap here to enter text.

Brief Description of the Subject Matter and Project Involved: Click or tap here to enter text.

Disposition of Case: Pending ☐ Settled ☐ Dismissed ☐

Judgment: Vendor’s Favor ☐ Against Vendor ☐

If Judgment is against, is Judgment Satisfied? Yes: ☐ No: ☐

Attach copy of any applicable Judgment, Settlement Agreement, and Satisfaction of Judgement.

Opposing Counsel Name: Click or tap here to enter text.

Opposing Counsel email: Click or tap here to enter text.

Opposing Counsel Phone: Click or tap here to enter text.

Vendor Name: Click or tap here to enter text.

File details come from the government source that posted it. Updated .