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.

(1) Sheltered Market Program. The District may provide for sheltered markets to allow only SBE’s to bid on designated solicitations. In order to designate a sheltered market, the District must identify at least 3 SBE’s available to perform work within the industry identified in the solicitation.

(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 SBE’s 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-12410). 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) (http://www.flrules.org/Gateway/reference.asp?No=Ref-12422). Form No. 0957 shall be signed by the SBE subcontractor, Form Nos. 0956 and 0957, together called the SBE Subcontractor Utilization Plan, must reflect the parties’ intent to establish a business relationship as well as the type of work and percentage of work that the SBE subcontractor will perform. Failure to submit any of the information as required on Form Nos. 0956 and 0957 shall lead to the bid being deemed non-Responsive. Form Nos. 0956 and 0957 are incorporated by reference herein and are available at no cost by contacting the South Florida Water Management District Clerk’s Office, South Florida Water Management District, 3301 Gun Club Road, West Palm Beach, FL 33406, [phone], ext. 6805, or [phone].

Any bidder failing to meet the established goal shall be deemed non-Responsive. If the prime bidder is an SBE Prime, only Form 0956 must be submitted with its bid.

(b) Standard Proposals – For solicitations where a contract is awarded based on an evaluation criteria, and where the scope of work is clearly defined, the District shall determine subcontracting goals for each solicitation based on availability of SBE firms as stated above in paragraph (2)(a). The maximum goal that will be applied to any solicitation will be 25%. The goals shall be applied as a percentage of the total contract value to be assigned to SBE firms. Any proposer failing to meet the established goal shall be deemed non-Responsive. At the time the proposal is submitted, the proposer shall identify all SBE firms (if any) which will be utilized as subcontractors, by using Form No. 0956, “Small Business Enterprise Subcontractor Participation Schedule,” incorporated by reference in paragraph (2)(a) herein. All proposals with SBE subcontractor participation shall include Form No. 0957, “Statement of Intent to Perform as an Small Business Enterprise Subcontractor,” also incorporated by reference in paragraph (2)(a) herein. Form 0957 shall be signed by the SBE subcontractor. The SBE Subcontractor Utilization Plan must reflect the parties’ intent to establish a business relationship as well as the type of work and percentage of work that the SBE subcontractor will perform. If the prime proposer is an SBE Prime only Form No. 0956 must be submitted with its bid.

(c) Work Order Proposals – For solicitations where a contract is awarded based on evaluation criteria and where the scope of work is not clearly defined resulting in work order contracts such solicitations shall require proposers to commit to SBE goals assigned to individual work orders issued throughout the term of the contract. The goal for individual work orders will be based on availability of SBE firms as provided in paragraph (2)(a). The maximum goal that will be applied to any work order will be 25% unless the Prime Contractor has failed to meet prior SBE goals, in which case the maximum goal may exceed 25%. At the time the proposal is submitted, the proposer shall identify all proposed SBE firms that will be utilized as subcontractors.

At the time a work order with an SBE goal is assigned, the Prime Contractor shall submit a cost proposal, and identify all SBE subcontractors and the percentage of work that the SBE subcontractor(s) will perform by using Form No. 0956, “Small Business Enterprise Subcontractor Participation Schedule,” incorporated by reference in paragraph (2)(a) herein. All cost proposals shall also include Form No. 0957, “Statement of Intent to Perform as a Small Business Enterprise Subcontractor,” also incorporated by reference in paragraph (2)(a) herein. Form No. 0957 shall be signed by the SBE subcontractor. A work order will not be executed with a Prime contractor whose cost proposal does not meet the established goal for that work order. The District will set the  SBE goal in any particular work order based on the availability of SBE firms. In addition, failure to meet the goal set by the District for an executed work order will result in a breach of contract by the Prime Contractor.

Rulemaking Authority 373.044, 373.113 FS. Law Implemented 373.1135 FS. History–New 8-3-06, Amended 8-29-07, 8-29-13, 12-9-20.