This Notice provides a substantial rewording of rule 60A-1.006, F.A.C., which removes unnecessary wording and provides clarification of the criteria by which the Department evaluates possible vendor suspension and reinstatement, and repeals rule 60A-...

 

DEPARTMENT OF MANAGEMENT SERVICES

Division of Purchasing

RULE NO.: RULE TITLE:

60A-1.006: Vendors and Contractors

60A-1.011: Identical Evaluations of Responses

PURPOSE AND EFFECT: This Notice provides a substantial rewording of rule 60A-1.006, F.A.C., which removes unnecessary wording and provides clarification of the criteria by which the Department evaluates possible vendor suspension and reinstatement, and repeals rule 60A-1.011, F.A.C., which is unnecessary to accomplish the objectives of the laws implemented.

SUMMARY: The amendment of rule 60A-1.006, F.A.C., to clarify the responsibilities of vendors, agencies, and the Department when a vendor fails to fulfill its specified contractual duties. The repeal of rule 60A-1.011, F.A.C. eliminates duplication of multiple statutes.

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 economic review conducted by the agency.

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: 287.032(2), 287.042(12) FS.

LAW IMPLEMENTED: 287.042(1), 287.082, 287.084, 287.087, 287.092 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: October 6, 2017, 9:00-10:00 a.m.

PLACE: 4050 Esplanade Way, Suite 101, Tallahassee, FL 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 2 days before the workshop/meeting by contacting: Daniel May, 4050 Esplanade Way, Suite 380H, Tallahassee, FL 32399, Ph: [phone]; Email: [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: Daniel May, 4050 Esplanade Way, Suite 380H, Tallahassee, FL 32399, Ph: [phone]; Email: [e-mail]

 

THE FULL TEXT OF THE PROPOSED RULE IS:

Substantial rewording of Rule 60A-1.006 follows. See Florida Administrative Code for present text.

60A-1.006 Vendor Removal and Reinstatement Vendors and Contractors.

(1) A vendor on any contract for the state, who breaches, is found in default, or whose contract has been terminated for cause is subject to being suspended by the Department from eligibility to serve as a vendor, supplier, or subcontractor with the State of Florida.  Affiliates, as defined in Section 287.133(1)(a), F.S., regardless of conviction of a public entity crime, are subject to suspension by the Department based upon the vendor’s failure to fulfill any of its duties specified in the contract.

(2) In determining whether to suspend a vendor, and the length of time for suspension, the Department will consider the following factors:

(a) The nature and circumstances of the failure to fulfill any of the vendor’s duties.

(b) The potential for repetition.

(c) Integrity of the public contracting process.

(d) Effects on the health, safety, and welfare of the public.

(3) In determining whether to reinstate a suspended vendor, the Department will consider the following factors:

(a) The vendor’s response to the failure to fulfill any of its duties, including payment of damages and other mitigation.

(b) The level of vendor cooperation with the State.

(c) Quality assurance and quality control measures instituted by the vendor.

(d) The needs of public entities for additional competition in the procurement of commodities and contractual services.

(e) Effects on the health, safety, and welfare of the public.

Rulemaking Authority 120.57(3)(d), 287.032(2), 287.042(12), 287.057(23)(d) FS. Law Implemented 120.57(3), 287.017, 287.042(1), 287.057, 287.133 FS. History–New 5-20-64, Amended 2-6-68, 5-20-71, 7-31-75, 10-1-78, 12-11-79, 2-26-80, 8-6-81, 10-11-81, 11-10-81, 2-11-82, 8-10-82, 10-13-83, 11-12-84, 12-17-85, Formerly 13A-1.06, Amended 2-9-87, 11-3-88, 1-18-90, 4-10-91, 9-1-92, Formerly 13A-1.006, Amended 4-24-94, 1-9-95, 7-6-98, 1-2-00, 7-1-03, 5-16-04, 8-22-04, 10-15-06, ________.

 

60A-1.011 Identical Evaluation of Responses.

Rulemaking Authority 287.042(12) FS. Law Implemented 287.082, 287.084, 287.087, 287.092 FS. History–New 2-6-68, Amended 5-20-71, 7-31-75, 10-1-78, 8-6-81, 2-13-83, 10-13-83, 3-1-84, Formerly 13A-1.11, Amended 11-3-88, 4-10-91, Formerly 13A-1.011, Amended 1-10-05, Repealed _______.

 

NAME OF PERSON ORIGINATING PROPOSED RULE: Daniel May, Governance and Training Manager, Department of Management Services

NAME OF AGENCY HEAD WHO APPROVED THE PROPOSED RULE: Erin Rock, Secretary, Department of Management Services

DATE PROPOSED RULE APPROVED BY AGENCY HEAD: 7/27/17

DATE NOTICE OF PROPOSED RULE DEVELOPMENT PUBLISHED IN FAR: April 11, 2017