60D-15.002. Agencies' Procedures for Contracting with Continuing Contract Entities

(1) All state agencies serving as the managing agency of a state-owned facility or a state construction site are authorized to utilize the services of any current Department contract through activation.

(2) All agency activations shall be implemented through an agency contract that is exclusive between the agency and a continuing contract entity.

(3) All agency activations shall be executed in compliance with any terms and conditions within the Department’s contract with each individual continuing contract entity.

(4) All activations shall be determined by the contracting agency. Determination shall be based on the needs of the individual project and any qualifications and performance data of the continuing contract entity.

(5) All agencies shall negotiate individual project fees with the selected continuing contract entity in accordance with competitive negotiation standards established in Rule 60D-5.0091, F.A.C. After negotiating with a continuing contract entity an agency pursuant to Section 255.32(4), F.S., can require the construction management entity to offer a guaranteed maximum price and a guaranteed completion date. The agency shall require the construction management entity to secure an appropriate surety bond in conformity with Section 255.05, F.S. The agency shall require the construction management entity to hold all construction subcontracts for the project. Under no circumstance shall an agency contract with a continuing contract entity when the estimated construction costs per individual project exceed $4 million.

(6) All agency contracts shall have an assigned Agency Project Manager for administrating project funds and providing project management oversight, from the identification of a project through its final completion. Agency Project Managers assigned to a project are required to monitor the construction management entity for:

(a) Compliance with state regulations governing the advertisement and competitive bidding of all the subcontracted parts of the project established in Chapter 60D-5, F.A.C.; and

(b) Compliance with the agency contract at the construction site.

(7) All agencies shall report quarterly to the Department on form number FP-01 “Agency Continuing Contract Activity Quarterly Report”, revised 11/2010, which is hereby incorporated by reference and is available at the address below in subsection (11) or websites http://dms.myflorida.com/business_operations/real_estate_development_management/building_construction/forms_and_documents and https://www.flrules.org/Gateway/reference.asp?No=Ref-12143 .

(8) All agencies shall submit to the Department on July 1 of each year any needs identified for the establishment of a continuing contract type.

(9) Before contracting with a continuing contract entity, an agency shall first submit a list of employees qualified to serve as Agency Project Managers as defined by Rule 60D-15.001, F.A.C. All submitted lists shall be accompanied by a copy of each employees’ active license that qualifies them as an agency Project Manager. An agency cannot contract with a continuing contract entity unless the agency employs a Department approved Agency Project Manager.

(10) The Department shall consider Agency Project Managers for continuing contract selection committees only upon notification of an Agency Project Manager’s availability to serve on a selection committee.

(11) All correspondence with the Department shall be directed to the following address:

Department of Management Services

Division of Real Estate Development and Management

Building Construction Contracts Administrator

4050 Esplanade Way

Tallahassee, Florida 32399-0950

(12) On or before 3/17/2027, the Department shall initiate a review of this rule to determine if it is duplicative, outdated, obsolete, overly burdensome, or imposes excessive costs, and thereafter amend the rule as necessary.

Rulemaking Authority 255.32 FS. Law Implemented 255.05, 255.32, 287.055 FS. History–New 5-30-10, Amended 3-17-22.