60D-5.008. Qualifications-Based Selection; Contractor Selection and Negotiation Procedures for Projects Within Level Four and Level Five Contracts

(1) The Secretary of the Department may waive the requirements of Rule 60D-5.0073, F.A.C., and permit negotiation of construction contracts in accordance with Rules 60D-5.0082 and 60D-5.0091, F.A.C., in cases determined by him to be in the best interest of the State.

(2) In making a determination of best interest of the State, the Secretary of the Department may consider such factors as:

(a) Is the need for the facility significant enough to require a substantial reduction of normal delivery time, requiring overlap of design and construction development phases?

(b) Is the size of the project large, requiring major emphasis on the qualification of the contractor because of the highly specialized requirements for scheduling, value engineering, and construction management?

(c) Is the complexity of the project significant, requiring a contractor with specific expertise to be applied to the design process with continuity through the construction phase?

(d) Is the project construction funding spread out over more than one year thereby making it advantageous to retain a contractor through a construction management/negotiated fee-guaranteed maximum price form of agreement?

(e) Is the project an alteration of an occupied facility which requires working around or relocating occupants while keeping the facility fully operational?

(f) Is the project a repair or renovation where the conditions requiring correction cannot be fully determined and specified without contractor involvement in the removal and examination process as an integral part of design (e.g., concealed damages, removal of asbestos, transformers containing PCB’s, etc.)?

(g) Is the project one which is predominantly historic preservation/restoration requiring a specifically qualified contractor’s involvement in the design process with continuity of construction management through both the design and construction phases?

(h) Is the Agency able and qualified to perform the contractor selection and contract negotiation in accordance with Rules 60D-5.0082 and 60D-5.0091, F.A.C., as determined by the Division?

(i) Are the construction services required to perform the work on the project available only from one contractor, for a “single source contract”?

(3) In requesting in writing the authority to negotiate from the Secretary, the Agency shall respond to the applicable factors in subsection 60D-5.008(2), F.A.C., in sufficient detail to justify the authority and will certify to the Secretary that such factors exist, and that negotiation of the construction contract will accommodate reduction in delivery time, size and complexity, special expertise, funding cycles or any of the factors under consideration.

Rulemaking Authority 255.29, 255.30 FS. Law Implemented 255.29, 255.30 FS. History–New 5-26-76, Amended 1-2-78, 7-14-81, 7-7-83, Formerly 13D-11.08, Amended 1-25-89, 11-5-91, Formerly 13D-11.008, Amended 12-3-14.