60D-5.002. Definitions

The words and phrases in this chapter shall be construed according to their plain meaning, in light of the context and subject matter, unless expressly defined otherwise in this rule, this chapter, or in Chapter 255, F.S.

(1) “Agency”, as the context requires, means an official, officer, commission, authority, council, committee, department, division, bureau, board, section or other unit or entity of state government.

(2) “Contract Levels” – increments of contract dollar value based on estimated cost of the contract are as follows:

(a) Level One – Contracts not exceeding a value of $35,000.

(b) Level Two – Contracts having a value greater than $35,000 but not exceeding $65,000.

(c) Level Three – Contracts having a value greater than $65,000 but not exceeding $200,000.

(d) Level Four – Contracts having a value exceeding $200,000 but not exceeding $500,000.

(e) Level Five – Contracts having a value exceeding $500,000.

(3) The “Agency Head” – The person or in the case of a collegial body the executive director or chief administrative officer of an Agency or other governmental unit statutorily responsible for final agency action, or their authorized designee.

(4) The “Division” means a program of the Department as identified in Section 20.22(2)(a), F.S.

(5) “Firm” or “Contractor” means any individual, firm, partnership, corporation, company, association, or other legal entity permitted by law to construct projects, or portions of projects, in the State of Florida.

(6) “Project” means any facility, building, portion of building, utility, park, parking lot, structure or other improvement to real property required to be constructed, renovated, repaired, modified or demolished by an Agency.

(7) “Design Professional” means the architect, engineer or other consultant under contract with the Agency for professional services.

(8) “Non-material Bid Deviation” means a variation from the invitation to bid terms and conditions which does not affect the price of the bid, or give the bidder an advantage or benefit not enjoyed by other bidders, or does not adversely impact the interests of the Agency.

(9) “Single Source Contract” means a contract for construction services that are available from only one responsible qualified contractor.

(10) “Valid Bid” means a bid that is responsive to the bidding documents and is submitted by a qualified responsible bidder. The validity of the bid is determined by the Agency and the construction management entity.

(11) “Negotiated Fee-Guaranteed Maximum Price Construction Contracting Method” means a method of construction contracting whereby the construction management entity is selected by the methods defined under Rule 60D-5.0082, F.A.C., to provide design phase consulting services, management and contractual responsibility for the total project. A fee is negotiated for profit, overhead and direct management costs. All subcontracts are awarded by the construction management entity based on competitive bids received in response to invitations to bid issued by the construction management entity. A guaranteed maximum price is provided by the construction management entity and the total price paid to the construction management entity is either the fee plus the actual construction cost or the guaranteed maximum price (GMP), whichever is less.

(12) “Guaranteed Maximum Price” means the fixed amount in a negotiated fee-guaranteed maximum price contract within which the construction will be achieved. It includes all fees, profit, overhead direct management costs, and the construction cost.

(13) “Repairs” means the restoration to an acceptable original state of a decayed, broken, deteriorated or demolished facility, building, portion of building, utility, park, parking lot, structure or other real property.

(14) “Maintenance” means the upkeep, preservation of condition or the sustaining of operation of a facility, building, portion of building, utility, park, parking lot, structure or real property.

(15) “Client Agency” means that Agency for which the project is being constructed.

(16) “Responsive Bidder” means a firm who has submitted a bid or proposal which conforms in all material respects to the invitation to bid or request for proposals.

(17) “Responsible bidder” or “qualified bidder” means a firm with the capability in all respects to perform fully the contract requirements and the integrity and reliability to assure good faith performance.

Rulemaking Authority 255.29, 255.32 FS. Law Implemented 255.29, 255.32 FS. History–New 5-26-76, Amended 6-7-77, 7-14-81, 7-7-83, Formerly 13D-11.02, Amended 1-25-89, 11-5-91, Formerly 13D-11.002, Amended 8-28-96, 12-3-14.