Definitions, Competitive Solicitation Preferences, Certification Eligibility - Small Business Enterprise, Recertification Review Procedures, Decertification, Reciprocity
South Florida Water Management District
RULE NOS.:RULE TITLES:
40E-7.669Definitions
40E-7.670Competitive Solicitation Preferences
40E-7.673Certification Eligibility - Small Business Enterprise
40E-7.675Recertification Review Procedures
40E-7.676Decertification
40E-7.677Reciprocity
NOTICE OF CHANGE
Notice is hereby given that the following changes have been made to the proposed rule in accordance with subparagraph 120.54(3)(d)1., F.S., published in Vol. 46 No. 125, June 26, 2020 issue of the Florida Administrative Register.
THE FULL TEXT OF THE PROPOSED RULE IS:
40E-7.669 Definitions.
(1) “Affiliate Business” means a business that is a Subsidiary of or owned in part by another business concern. Entities are affiliates of each other when one impacts the other by sharing resources, officers, or directors that have any a percentage of ownership, or controls or has the power to control the other, or a third party or parties controls or has the power to control both. It does not matter whether control is exercised, so long as the power to control exists.
(2) No change.
(3) “Business” is any entity which complies with all statutes and regulations, specifically, any corporation, limited liability company, partnerships, general partnerships, limited partnerships, other for-profit entities, engaging in commerce, including but not limited to manufacturing or a service with a federal tax identification number.
(3) through (11) renumbered as (4) through (12) No change.
(13)(12) “Reciprocal Certification Reciprocity” means the SBE Certification by the District of an Applicant who is actively certified by another Florida government agency.
(13) through (17) renumbered as (14) through (18) No change.
(19)(18) “Subsidiary” is defined as a Business that another company has ownership interest in company that is owned or controlled by another company.
Rulemaking Authority 373.044, 373.113 FS. Law Implemented 373.1135 FS. History–New 8-3-06, Amended 8-29-07, 8-29-13, Amended__________.
40E-7.670 Competitive Solicitation Preferences.
The Small Business Enterprise Contracting Rule in this part provides for 2 Competitive Solicitation Preferences designed to assist small businesses. Sheltered Market and Subcontracting Requirements are outlined below. The District may waive or adjust SBE requirements in any solicitation.
(1) No change.
(2) Subcontracting Requirements.
(a) Bids – The District shall set subcontracting goals for all bids based on availability of vendors registered with the District, including SBE firms able to perform work within specific Commodity Codes. The SBE goals shall be applied as a percentage of the total contract value to be assigned to SBE firms. The maximum SBE goal that will be applied to any solicitation will be 25%. When an SBE goal is set bidders shall provide work to one or more SBEs in order to meet the goal. At the time of submittal of its bid, the bidder shall identify all SBE firms which will be utilized as subcontractors, by using Form No. 0956, “Small Business Enterprise Subcontractor Participation Schedule” effective (August 29, 2013) (http://www.flrules.org/Gateway/reference.asp?No=Ref-03066). All bids submitted where SBE participation is required, shall include Form No. 0957, “Statement of Intent to Perform as a Small Business Enterprise Subcontractor” effective (__________________ August 29, 2013),
Rulemaking Authority 373.044, 373.113 FS. Law Implemented 373.1135 FS. History–New 8-3-06, Amended 8-29-07, 8-29-13, Amended .
40E-7.673 Certification Eligibility – Small Business Enterprise.
(1) No change.
(2) To establish SBE small business eligibility, the Applicant shall:
(a) through (c) No change.
Rulemaking Authority 373.044, 373.113 FS. Law Implemented 373.1135 FS. History–New 8-3-06, Amended .
40E-7.675 Recertification Review Procedures.
(1) No change.
(2) The District may notify SBEs no later than 60 days before the end of the Certification period that the SBE’s Certification is about to expire. Regardless of notification, SBE is responsible to timely apply for Recertification. If the Recertification application document is no longer applicable because of changes to the Applicant’s business, the SBE shall notify the District in writing of the changes to its company before the existing certificate expires. The District shall determine if the company still complies with the Certification criteria set forth in Rule 40E-7.673, F.A.C. Recertification requests must be filed with the District no later than the last effective date of the current Certification period.
(3) through (7) No Change
Rulemaking Authority 373.044, 373.113 FS. Law Implemented 373.1135 FS. History–New 8-3-06, Amended 8-29-13, .
40E-7.676 Decertification.
(1) through (2) No change
(3) If the SBE Applicant fails to file a request for a hearing within 21 days after receipt of the notice, the Decertification shall become final agency action.
(4) No change.
Rulemaking Authority 373.044, 373.113 FS. Law Implemented 373.1135 FS. History–New 8-3-06, Amended .
40E-7.677 Reciprocity.
Reciprocal Certification shall be granted to an Applicant that is certified by another Florida government agency, provided that the agency has a small business program, including those owned by women and minorities. The Applicant shall provide the District with official documentation from the other governmental agencies stating the Certification and expiration dates. Once certified, Applicant shall remain certified with the District for a period of 3 years. The District reserves the right to request any additional documentation to verify or clarify the authentication of the information provided.
Rulemaking Authority 373.044, 373.113 FS. Law Implemented 373.1135 FS. History–New 8-3-06, Amended 8-29-13, Amended .
