67-49.001. Definitions

As used in this rule, the term:

(1) “Act” means the Florida Housing Finance Corporation Act, Sections 420.501 through 420.517, F.S., as amended.

(2) “Bidder” “Offeror” or “Respondent” means a person who represents that he or she has the capability in all respects to perform fully the requirements contained in a competitive solicitation.

(3) “Commodity” means any supplies, materials, goods, merchandise, food, equipment, and other personal property contracted for by the Corporation, unless purchased exclusively for resale.

(4) “Competitive Solicitation,” or “Solicitation,” means any Request for Proposals, Request for Qualifications, Invitation to Bid, Invitation to Negotiate, or other process of requesting and receiving sealed bids, proposals, or replies in accordance with the terms of a competitive process, regardless of the method of procurement, including any publication or transmission by electronic means.

(5) “Contractual Service” means the rendering by a contractor of its time, skill and effort rather than the furnishing of commodities. The term applies only to those services rendered by individuals and firms who are independent contractors, and such services may include, evaluations; consultations; maintenance; accounting; security; management systems; management consulting; educational training programs; research and development studies or reports on the findings of consultants engaged thereunder; and professional, technical, and social services.

(6) “Cooperative Contract” means a variety of arrangements whereby two or more public procurement entities purchase from the same supplier or multiple suppliers using a single Competitive Solicitation.

(7) “Corporation” means the Florida Housing Finance Corporation.

(8) “Invitation to Bid” means a written solicitation requesting competitive sealed bids specifically defining the Commodity, service, group of commodities or group of services for which bids are sought. It includes instructions prescribing all conditions for bidding and shall be available to all prospective Bidders simultaneously.

(9) “Invitation to Negotiate” means a written solicitation requesting competitive sealed responses to select one or more persons or business entities with which to commence negotiations for the procurement of commodities or contractual services.

(10) “Minor Irregularity” means a variation from a mandatory term or condition of a competitive solicitation that does not materially affect the price of the Commodity or Contractual Service, or give the Bidder an advantage or benefit not enjoyed by other Bidders, and does not adversely impact the interests of the Corporation or the public.

(11) “Publication” means the publishing or posting of notice regarding solicitations, decisions or intended decisions, or other matters relating to procurement under this rule, on the Corporation Website section designated for this purpose.

(12) “Publication Date” means the date on which the Corporation publishes the notice of the availability of the competitive solicitation on the Corporation Website. For purposes of Section 120.57(3), F.S., publication occurs at the time and on the date the notice is posted on the Corporation Website.

(13) “Request for Qualifications” means a written solicitation requesting competitive sealed qualifications. The Request for Qualifications is used when the Corporation does not have a specific immediate need for a particular service, but desires to have qualified individuals or firms under contract that can be assigned duties as the need arises over a period of time. The Request for Qualifications includes general information, applicable laws and rules, functional or general specifications, statement of work, instructions and evaluation criteria.

(14) “Response” means the written submission by a Bidder addressing a competitive solicitation.

(15) “Website” means the Corporation website, the Universal Resource Locator (URL) of which is www.floridahousing.org.

Rulemaking Authority 420.507(12) FS. Law Implemented 420.507(13), (27) FS. History–New 1-31-99, Amended 3-12-02, 9-14-03, 2-24-14, 2-28-18, 8-10-21.