To adopt, and amend, this rule to provide administrative requirements and procedures for soliciting and accepting competitive solicitation for leased space of 5,000 square feet or more in privately-owned buildings, and for the evaluation of said ...

 

DEPARTMENT OF MANAGEMENT SERVICES

Division of Facilities Management

RULE NO.:RULE TITLE:

60H-1.015Procurement of Leases of 5,000 Square Feet or More

PURPOSE AND EFFECT: To adopt, and amend, this rule to provide administrative requirements and procedures for soliciting and accepting competitive solicitation for leased space of 5,000 square feet or more in privately-owned buildings, and for the evaluation of said proposals.

SUMMARY: This rule clarifies procurement procedures for soliciting, accepting and evaluating competitive solicitations for lease space of 5,000 feet or more in privately-owned buildings.

SUMMARY OF STATEMENT OF ESTIMATED REGULATORY COSTS AND LEGISLATIVE RATIFICATION: The Agency has determined that this will not have an adverse impact on small business or likely increase directly or indirectly regulatory costs in excess of $200,000 in the aggregate within one year after the implementation of the rule. A SERC has not been prepared by the Agency.

The Agency has determined that the proposed rule is not expected to require legislative ratification based on the statement of estimated regulatory costs or if no SERC is required, the information expressly relied upon and described herein: The agency has determined that this rule will not have an adverse effect on small business or likely increase directly or indirect, regulatory costs in excess of $200,000 in the aggregate within one year after the implementation of the rule and that there are no adverse impacts on economic growth, business competitiveness or regulatory costs of more than $1 M in aggregate within five years of implementation.

Any person who wishes to provide information regarding a statement of estimated regulatory costs, or provide a proposal for a lower cost regulatory alternative must do so in writing within 21 days of this notice.

RULEMAKING AUTHORITY: 255.249 FS.

LAW IMPLEMENTED: 255.21, 255.249, 255.25, 255.254, 255.257 FS.

IF REQUESTED WITHIN 21 DAYS OF THE DATE OF THIS NOTICE, A HEARING WILL BE HELD AT THE DATE, TIME AND PLACE SHOWN BELOW (IF NOT REQUESTED, THIS HEARING WILL NOT BE HELD):

DATE AND TIME: February 18, 2016, 2:00 p.m. ‒ 2:30 p.m.

PLACE: 4050 Esplanade Way, Suite 315K, Tallahassee, Florida 32399

Pursuant to the provisions of the Americans with Disabilities Act, any person requiring special accommodations to participate in this workshop/meeting is asked to advise the agency at least 5 days before the workshop/meeting by contacting: Dottie Young, Department of Management Services, 4050 Esplanade Way, Suite 315, Tallahassee, Florida 32399 or [e-mail]. If you are hearing or speech impaired, please contact the agency using the Florida Relay Service, 1(800)955-8771 (TDD) or 1(800)955-8770 (Voice).

THE PERSON TO BE CONTACTED REGARDING THE PROPOSED RULE IS: Dottie Young, Department of Management Services, 4050 Esplanade Way, Suite 315, Tallahassee, Florida 32399 or [e-mail]

 

THE FULL TEXT OF THE PROPOSED RULE IS:

 

60H-1.015 Procurement Procedures for of Leases of 5,000 Square Feet or More in Privately-Owned Buildings.

(1) Pprocurement specifications for competitive solicitation shall promote competition and not favor any particular potential respondent.

(2) At a minimum, Agency specifications requirements detailed in a competitive solicitation shall include state:

(a) through (f) No change.

(g) Services required, including  parking, dining and transportation technical and operational requirements established by the agency; and,

(h) No change.

(3) through (4) No change.

(5) Opening of Competitive Solicitations; The Agency shall:

(a.) In the case of an invitation to bid, announce at a noticed public meeting the name of each bidder and the price submitted in the bid.

(b.) In cases of requests for proposals or invitations to negotiate, make available upon request the name of each respondent and the price submitted in the response.

(6) Criteria for Evaluation.

(a.) All evaluation team members shall have knowledge and experience in the requirements in the area for which leasing services are sought to meet the needs of the Agency.

(b.) An Agency shall establish criteria in the solicitation that clearly identifies the type of solicitation and evaluation criteria, pursuant to Section 255.25, F.S.

(c.) Conflict of Interest.  Individuals taking part in the development of the soliciation criteria, selection criteria for evaluation, the evaluation process or the award process shall be independent of, and have no conflict of interest in, the entities evaluated and selected.  Such individuals shall so attest in writing and the attestation shall be placed in the agency file.

(7)(5) Replacement Lease.

(a) through (b) No change

(8)(6) This rule shall not apply to leases for the purpose of providing care and living space for persons.

Rulemaking Authority 255.249 FS. Law Implemented 255.21, 255.249, 255.25, 255.254, 255.257 FS. History–New 4-25-79, Amended 4-19-83, Formerly 13D-7.092, Amended 3-18-86, Formerly 13M-1.015, Amended 2-21-96, 5-13-03, 4-27-04, 7-12-07, 4-29-10, 7-19-15,_______.

 

NAME OF PERSON ORIGINATING PROPOSED RULE: Tom Berger, Division Director, Real Estate Development and Management

NAME OF AGENCY HEAD WHO APPROVED THE PROPOSED RULE: Secretary Chad Poppell

DATE PROPOSED RULE APPROVED BY AGENCY HEAD: January 15, 2016

DATE NOTICE OF PROPOSED RULE DEVELOPMENT PUBLISHED IN FAR: October 9, 2015