To remove rules that are redundant of statute.

DEPARTMENT OF VETERANS' AFFAIRS

RULE NO: RULE TITLE
55-5.001: Purpose
55-5.002: Procurement Goal
55-5.003: Procedures
PURPOSE AND EFFECT: To remove rules that are redundant of statute.
SUMMARY: Minority Business Enterprise Procurement.
SUMMARY OF STATEMENT OF ESTIMATED REGULATORY COSTS: No Statement of Estimated Regulatory Cost was prepared.
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.
SPECIFIC AUTHORITY: 287.0947(2) FS.
LAW IMPLEMENTED: 215.422, 255.05(1)(a), 287.042(4)(f), 287.0945(1), 287.0947, 287.062(1), (4), (5), 287.0947 FS.
IF REQUESTED WITHIN 21 DAYS OF THE DATE OF THIS NOTICE, A HEARING WILL BE SCHEDULED AND ANNOUNCED IN FAW.
THE PERSON TO BE CONTACTED REGARDING THE PROPOSED RULE IS: Ron Lynn, [phone]

THE FULL TEXT OF THE PROPOSED RULE IS:

55-5.001 Purpose.

These rules are adopted by the Department of Veterans’ Affairs to promote and enhance the participation of certified minority business enterprises in providing to the Department commodities, contractual services, and construction contracts, other than those construction contracts which are subject to the provisions of Chapter 339, Florida Statutes. The Department is committed to the legislatively-stated goal of assisting certified minority business enterprises in gaining entry into the procurement arena and securing a percentage of the Department’s procurement dollars, which will help to stimulate and develop Florida’s minority business sector.

Specific Authority 287.0947(2) FS. Law Implemented 287.042(4)(f), 287.0945(1), 287.0947 FS. History–New 7-2-90, Repealed_________.

 

55-5.002 Procurement Goal.

All purchasing and contracting entities within the Department will be responsible for a good faith effort to utilize certified minority business enterprises in the procurement of commodities, contractual services and construction projects in endeavoring to meet the goals as set forth in Section 287.042(4)(f) of the Florida Statutes.

Specific Authority 287.0947(2) FS. Law Implemented 287.042(4)(f), 287.0945(1), 287.0947 FS. History–New 7-2-90, Amended 1-26-93, Repealed_________.

 

55-5.003 Procedures.

(1) The Executive Director of the Department designates the Director of Administration and Public Information as the Minority Business Enterprise Assistance Officer to oversee the minority business enterprise activities of the Department.

(2) The Minority Business Enterprise Assistance Officer shall:

(a) Seek out, identify, compile, and maintain a list of minority-owned firms which have provided, or desire to provide, services or commodities to the Department;

(b) Make discretionary purchases for less than the threshold amount for Category 2 purchases, where permitted by law, from certified minority business enterprises;

(c) Review contracts to determine those which could be reserved for bidding only among the certified minority business enterprises that are on the list maintained under paragraph (2)(a) above;

(d) Coordinate the minority business enterprise activities of the Department with the Minority Business Enterprise Assistance Office of the Department of Management Services;

(3) The Department shall encourage prime contractors to utilize certified minority business enterprises as subcontractors on state-funded projects.

(4) The Department shall annually develop minority participation goals no less than the established goals set forth in Section 287.042(4)(f) of the Florida Statutes, based upon available data in accordance with the State Comptroller’s determination of dollar amounts expended during the previous fiscal year.

(5) The Department shall assure timely payment to vendors and contractors as provided in Section 215.422, Florida Statutes.

(6) The Department shall encourage participation by certified minority business enterprises in the state purchasing system by providing advance payment when permitted by law and in accordance with Comptroller’s Memorandum Number 1 (1983-84).

Specific Authority 287.0947(2) FS. Law Implemented 215.422, 255.05(1)(a), 287.062(1), (4), (5), 287.0947 FS. History–New 7-2-90, Amended 1-26-93, Repealed_________.

NAME OF PERSON ORIGINATING PROPOSED RULE: David Herman
NAME OF SUPERVISOR OR PERSON WHO APPROVED THE PROPOSED RULE: Earl Daniell
DATE PROPOSED RULE APPROVED BY AGENCY HEAD: March 4, 2008
DATE NOTICE OF PROPOSED RULE DEVELOPMENT PUBLISHED IN FAW: February 15, 2008