62-787.500. Contract Terms and Conditions

(1) Non-Exhaustive List of Required Contract Terms. Each Continuing Contract issued pursuant to this chapter shall contain provisions that require:

(a) The PRAC to follow a competitive procurement process to obtain quotes from non-Professional Services contractors for each non-Professional Service required by a Task Assignment. The competitive procurement process must follow rule Chapter 60D-5, F.A.C., or alternate, but similar process pre-approved by the Department in writing. The PRAC will manage and assume responsibility for all work conducted by subcontractors under a Task Assignment. The Department retains the right to reject the use of any subcontractor prior to and during execution of the work under a Task Assignment.

(b) The PRAC is to select the lowest responsible and responsive non-Professional Services contractors and use that price in developing their Level of Effort for each Task Assignment.

(2) The PRAC must maintain the minimum qualifications required by Rule 62-787.300, F.A.C. and demonstrate its continued compliance with those requirements upon demand. Failure to meet any requirement shall result in immediate termination of the Continuing Contract.

(3) Payments, purchases, warrants, and invoices are subject to the provisions in Sections 215.42, 215.422, and 112.061, F.S.

(4) The PRAC must comply with Section 287.0585, F.S.

(5) Renewals and extensions of Continuing Contracts must be in compliance with Sections 287.057(12), (13), F.S.

(6) Task Assignments.

(a) Task Assignments may not be used for a Site in which the estimated construction cost or Professional Services fee for the Project exceed the limits set forth in Section 287.055(2)(g), F.S.

(b) Each Task Assignment incorporates all terms and conditions of the Continuing Contract. Task Assignments shall not be broader in scope than the Continuing Contract.

(c) Each Task Assignment shall outline a detailed scope of work that divides the services into quantifiable, measurable, and verifiable units of deliverables that must be received and accepted in writing by the Department before payment.

(d) The parties shall specify and describe the work necessary to complete a Project in the Task Assignment.

(7) Within four years of the effective date of this rule, the Department will evaluate this rule to determine if the Department needs to repeal this rule in accordance with the procedures set forth in Section 120.54, F.S.

Rulemaking Authority 287.0595, 376.303 FS. Law Implemented 287.055, 287.0595, 376.30, 376.301, 376.303, 376.305, 376.307, 376.3078 FS. History‒New 11-17-20.