Florida Senate - 2014 CS for SB 612
By the Committee on Governmental Oversight and Accountability;
and Senator Hays
585-02205-14 2014612c1
1 A bill to be entitled
2 An act relating to government contracting; amending s.
3 215.985, F.S.; revising information to be posted on
4 the Chief Financial Officer’s contract tracking system
5 to conform to changes made by the act; amending s.
6 287.084, F.S.; expanding provisions that require an
7 agency, university, college, school district, or other
8 political subdivision of the state to provide
9 preferential consideration to a Florida business in
10 awarding competitively bid contracts to purchase
11 personal property to include the purchase of
12 construction services; providing an exception;
13 requiring counties and municipalities to provide such
14 preferential consideration; providing that for
15 specified competitive solicitations the authority to
16 grant a preference supersedes any local ordinance or
17 regulation that restricts specified contractors from
18 competing for an award based upon certain conditions;
19 requiring a university, college, county, municipality,
20 school district, or other political subdivision to
21 make specified disclosures in competitive solicitation
22 documents; providing that a university, college,
23 county, municipality, school district, or other
24 political subdivision is not prohibited from awarding
25 a contract to a vendor under certain circumstances;
26 amending s. 287.1335, F.S.; defining terms; requiring
27 agencies to provide the Department of Management
28 Services with copies of vendor complaints and names of
29 suspended and terminated vendors; authorizing local
30 governmental entities to provide such information to
31 the department; requiring the department to maintain
32 certain information regarding vendors on its website;
33 requiring an agency to submit specified information to
34 the department on a quarterly basis; authorizing a
35 local governmental entity to submit such information
36 on the same basis; requiring a vendor responding to an
37 agency’s competitive solicitation to disclose certain
38 information; specifying certain requirements for
39 considering a response to a competitive solicitation
40 or entering a contract; providing an effective date.
41
42 Be It Enacted by the Legislature of the State of Florida:
43
44 Section 1. Section 1. Paragraph (a) of subsection (14) of
45 section 215.985, Florida Statutes, is amended to read:
46 215.985 Transparency in government spending.—
47 (14) The Chief Financial Officer shall establish and
48 maintain a secure contract tracking system available for viewing
49 and downloading by the public through a secure website. The
50 Chief Financial Officer shall use appropriate Internet security
51 measures to ensure that no person has the ability to alter or
52 modify records available on the website.
53 (a) Within 30 calendar days after executing a contract,
54 each state entity shall post the following information relating
55 to the contract on the contract tracking system:
56 1. The names of the contracting entities.
57 2. The procurement method.
58 3. The contract beginning and ending dates.
59 4. The nature or type of the commodities or services
60 purchased.
61 5. Applicable contract unit prices and deliverables.
62 6. Total compensation to be paid or received under the
63 contract.
64 7. All payments made to the contractor to date.
65 8. Applicable contract performance measures.
66 9. If a competitive solicitation was not used to procure
67 the goods or services, the justification of such action,
68 including citation to a statutory exemption or exception from
69 competitive solicitation, if any.
70 10. Electronic copies of the contract and procurement
71 documents that have been redacted to exclude confidential or
72 exempt information.
73 11. Whether the contractor was listed on the vendor
74 complaint list, suspended vendor list, or terminated vendor list
75 under s. 287.1335 at the time the contract was initially entered
76 into.
77 Section 2. Subsection (1) of section 287.084, Florida
78 Statutes, is amended to read:
79 287.084 Preference to Florida businesses.—
80 (1)(a) If When an agency, university, college, school
81 district, or other political subdivision of the state is
82 required to make purchases of personal property or construction
83 services through competitive solicitation and the lowest
84 responsible and responsive bid, proposal, or reply is by a
85 vendor whose principal place of business is in a state or
86 political subdivision thereof which grants a preference for the
87 purchase of such personal property or construction services to a
88 person whose principal place of business is in such state, then
89 the agency, university, college, school district, or other
90 political subdivision of this state shall award a preference to
91 the lowest responsible and responsive vendor having a principal
92 place of business within this state, which preference is equal
93 to the preference granted by the state or political subdivision
94 thereof in which the lowest responsible and responsive vendor
95 has its principal place of business. In a competitive
96 solicitation in which the lowest bid is submitted by a vendor
97 whose principal place of business is located outside the state
98 and that state does not grant a preference in competitive
99 solicitation to vendors having a principal place of business in
100 that state, the preference to the lowest responsible and
101 responsive vendor having a principal place of business in this
102 state shall be 5 percent.
103 (b) To ensure the availability of federal aid funds,
104 paragraph (a) does not apply to contracts for transportation
105 projects procured by the Department of Transportation for which
106 federal aid funds are available.
107 (c)1. For a competitive solicitation in which payment for
108 the personal property or construction services is to be made in
109 whole or in part from funds appropriated by the state, this
110 section preempts and supersedes any local ordinance or
111 regulation that restricts a contractor certified under s.
112 489.105(8) from competing for an award based upon:
113 a. The vendor maintaining an office or place of business
114 within a particular local jurisdiction;
115 b. The vendor hiring employees or subcontractors from
116 within a particular local jurisdiction; or
117 c. The vendor’s prior payment of local taxes, assessments,
118 or duties within a particular local jurisdiction.
119 2. In any competitive solicitation subject to this section,
120 a university, college, county, municipality, school district, or
121 other political subdivision of this state shall disclose in the
122 solicitation document whether payment will come from funds
123 appropriated by the state and, if known, the amount of such
124 funds or the percentage of such funds as compared to the
125 anticipated total cost of the personal property or construction
126 services.
127 3. Except as provided in subparagraph 1., this section does
128 not prohibit a university, college, county, municipality, school
129 district, or other political subdivision of this state from
130 awarding a contract to a vendor in accordance with applicable
131 state laws or local ordinances or regulations.
132 (c) As used in this section, the term “other political
133 subdivision of this state” does not include counties or
134 municipalities.
135 Section 3. Section 287.1335, Florida Statutes, is created
136 to read:
137 287.1335 Vendors; reporting by agencies and local
138 governmental entities.—
139 (1) As used in this section, the term:
140 (a) “Suspended vendor list” means a list compiled by the
141 department of all reported vendors whose ability to bid or
142 perform state or local government contracts has been temporarily
143 suspended by an agency or a participating local governmental
144 entity due to a contract default by the vendor or for other good
145 cause.
146 (b) “Terminated vendor list” means a list compiled by the
147 department of all reported vendors whose contracts have been
148 terminated by an agency or a participating local governmental
149 entity due to a contract default by the vendor or for other good
150 cause.
151 (c) “Vendor” means an entity or person in a contractual
152 relationship with an agency or a local governmental entity.
153 (d) “Vendor complaint list” means a list compiled by the
154 department of complaints that have been issued to vendors by an
155 agency or participating local governmental entity.
156 (2) An agency shall provide the department with copies of
157 complaints issued to vendors and the names of suspended and
158 terminated vendors for the vendor complaint list, the suspended
159 vendor list, and the terminated vendor list, respectively. A
160 local governmental entity may provide such information to the
161 department.
162 (3) The department shall maintain and update, on its
163 website, the vendor complaint list, the suspended vendor list,
164 and the terminated vendor list. In addition, the department
165 shall provide public access through its website of copies of
166 complaints issued to a vendor by an agency or participating
167 local governmental entity.
168 (4) An agency shall provide the department each quarter
169 with updated information necessary to maintain the vendor
170 complaint list, the suspended vendor list, and the terminated
171 vendor list. A local governmental entity may provide such
172 information to the department each quarter. An agency shall
173 report to the department all instances of a material breach of a
174 contract or a notice of default and subsequent termination
175 within 30 days after such occurrence.
176 (5)(a) An agency shall require that a vendor responding to
177 a competitive solicitation disclose whether the vendor has,
178 within the previous 5 years, had a contract terminated by a
179 federal, state, or local governmental entity after defaulting on
180 a contract; paid a fine or penalty incurred by nonperformance of
181 a federal, state, or local government contract; or entered into
182 an agreement with a federal, state, or local governmental entity
183 in settlement of any issues related to default or nonperformance
184 of a contract. An agency may consider a vendor’s failure to
185 disclose such information in determining whether the vendor is
186 in breach of any resulting contract.
187 (b) A local governmental entity may require such
188 disclosures from a vendor in response to a competitive
189 solicitation.
190 (6) When evaluating bids, proposals, or replies to
191 competitive solicitations, an agency must consider information
192 available on the vendor complaint list, suspended vendor list,
193 and terminated vendor list in determining whether the vendor
194 submitting a response to the competitive solicitation is a
195 responsible and responsive vendor. If an agency enters into a
196 contract with a vendor on the vendor complaint list, suspended
197 vendor list, or terminated vendor list, the contract file must
198 contain documentation specifying that the agency’s designee with
199 authority to sign the contract was aware that the contracted
200 vendor was named on the vendor complaint list, suspended vendor
201 list, or terminated vendor list at the time the contract was
202 initially entered into.
203 Section 4. This act shall take effect July 1, 2014.