60D-5.0073. Contract Levels, Limits of Public Advertising and Bidding

(1) The Department hereby delegates authority to each Agency to execute a contract in accordance with these rules for projects within contract levels defined in subsection 60D-5.002(2), F.A.C.

(2) Contracts within Level One may be executed with the firm whose proposal the Agency determines best meets the needs of the Agency, using two or more verbal quotations, whenever practical. Should verbal quotations be received, name and address of the company and amount quoted shall be a part of the written documentation. If at least two quotations are not received, a statement of why they were not received must be shown. Quotations shall be confirmed by written proposals of the firms defining the scope and quality of work to be provided.

(3) Contracts within Levels Two and Three may be executed with the firm whose proposal, the Agency determines best meets the needs of the Agency. The Agency shall request at least three firms to submit sealed written proposals based on a written specification. The written proposals shall all be opened publicly at the same date, time and place named by the Agency. A tabulation of the results shall be furnished to each firm if requested.

(4) Except as otherwise authorized by law or rule, competitive sealed bids are required for contracts within Level Four, which shall be publicly advertised in the Florida Administrative Register once, at least 21 calendar days prior to the established bid opening, based on approved plans and specifications. The announcement shall also be published on the Agency’s website. Bids shall be received and opened publicly at a location, date and time established in the bid advertisement, and results will be posted on the Agency’s website.

(5) Except as otherwise authorized by law or rule, competitive sealed bids are required for contracts within Level Five, which shall be publicly advertised in the Florida Administrative Register at least 30 days prior to the established bid opening, and in at least one newspaper of general circulation in the county where the project is located at least 30 days prior to the established bid opening and at least 5 days prior to any scheduled pre-bid conference. The announcement shall also be published on the Agency’s website. Bids shall be received and opened publicly at a location, date and time established in the bid advertisement, and results will be posted on the Agency’s website. In cases of emergency, the Secretary of the Department of Management Services may alter the procedures required in this section in any manner that is reasonable under the emergency circumstances.

Rulemaking Authority 255.29 FS. Law Implemented 255.29, 255.0525 FS. History–New 11-5-91, Formerly 13D-11.0073, Amended 8-28-96, 12-8-98, 12-3-14.