60A-9.002. Minority Business Assistance Utilization Plan

(1) Within the first quarter of each fiscal year, the Office will send a letter requesting agency utilization plans to each agency. Each agency must submit utilization plans to the Office for review and approval within thirty (30) days of the date of the letter of notification, unless otherwise specified by the Office. An agency may request an extension for the submittal of the utilization plan. Agency requests must be in writing, with written documentation justifying the extension. The Office may extend agency plan submittal dates at any time, without a request from the agency if it becomes aware of circumstances affecting any agency that would adversely impact the agency’s ability to comply with this rule. If an extension is granted, the Office shall have forty-five (45) days from the last day of the extension period to approve the agency goals.

(2) The Office will approve an agency’s utilization plan within forty-five (45) days of its receipt of the utilization plan, plus any applicable extensions granted by the Office.

(3) The utilization plan should include, but is not limited to, the following elements:

(a) A statement of the agency’s objectives for accomplishing the goals set forth in Section 287.09451(1), F.S.

(b) An explanation of the methods and procedures to be implemented to meet the goals set forth in Section 287.09451(4)(n), F.S. The explanation shall include, but not be limited to, detailed plans for:

1. Targeting bid solicitations to certified MBEs;

2. Reserving contracts for competitive bidding only among certified MBEs;

3. Setting goals for certified MBE participation as prime contractors and subcontractors on contracts;

4. Identifying those large contracts that can be divided into small units to afford opportunities for certified MBEs, to the extent possible;

(c) The development of a spending timetable, projecting how each agency plans to reach each of the industry goals;

(d) A spending plan that illustrates how the agency plans to subdivide actual industry expenditures by minority status categories. The plan may also identify monies to be spent with certified MBEs in categories where no industry goals are set;

(e) A report of total procurement dollars spent during the previous fiscal year, by industry category;

(f) A report of total dollars spent with certified MBEs, by industry and by minority status categories;

(g) The agency’s determination of the appropriate certified MBE industry dollar base and goals;

(h) Identifying contracts that may be targeted for the utilization of joint ventures, whereby an MBE is a partner that is clearly substantially involved in the ownership, work product, management and control aspects of the joint venture.

Rulemaking Authority 120.53, 287.09451 FS. Law Implemented 287.09451(4)(n) FS. History–New 9-11-96, Formerly 38A-20.002.