Florida Senate - 2021                                     SB 788
       
       
        
       By Senator Cruz
       
       
       
       
       
       18-00195-21                                            2021788__
    1                        A bill to be entitled                      
    2         An act relating to state contracting; creating s.
    3         287.1351, F.S.; defining the term “vendor”;
    4         prohibiting vendors that default or otherwise fail to
    5         fulfill terms and conditions of a state contract from
    6         submitting a bid, proposal, or reply, or entering into
    7         or renewing a contract, to provide any goods or
    8         services to an agency after placement on the suspended
    9         vendor list; prohibiting an agency from accepting any
   10         bids, proposals, or replies from, or entering into or
   11         renewing any contract with, any suspended vendor until
   12         certain conditions are met; requiring an agency to
   13         notify the Department of Management Services of, and
   14         provide certain information regarding, any such
   15         vendors; requiring the department to review any vendor
   16         reported by an agency; requiring the department to
   17         notify any vendor of any intended removal from the
   18         vendor list; specifying administrative remedies, and
   19         applicable procedures, for an affected vendor;
   20         requiring the department to place any such vendor on
   21         the suspended vendor list; authorizing a suspended
   22         vendor’s removal from the suspended vendor list in
   23         accordance with specified procedures; specifying
   24         requirements and limitations; providing an effective
   25         date.
   26          
   27  Be It Enacted by the Legislature of the State of Florida:
   28  
   29         Section 1. Section 287.1351, Florida Statutes, is created
   30  to read:
   31         287.1351 Suspended vendors; state contracts.—
   32         (1) As used in this section, the term “vendor” means a
   33  person or an entity that provides goods or services to an agency
   34  under a contract or submits a bid, proposal, or reply to provide
   35  goods or services to an agency.
   36         (2)(a) A vendor that is in default on any contract with an
   37  agency or has otherwise repeatedly demonstrated a recent
   38  inability to fulfill the terms and conditions of previous state
   39  contracts or to adequately perform its duties under those
   40  contracts may not submit a bid, proposal, or reply to an agency
   41  or enter into or renew a contract to provide any goods or
   42  services to an agency after its placement, pursuant to this
   43  section, on the suspended vendor list.
   44         (b) An agency may not accept a bid, proposal, or reply
   45  from, or enter into or renew any contract with, a vendor on the
   46  suspended vendor list until such vendor has been removed from
   47  the suspended vendor list and returned to the vendor list
   48  maintained by the department pursuant to s. 287.042(1)(a) and
   49  (b) and the vendor has reimbursed the agency for any
   50  reprocurement costs.
   51         (3) An agency shall notify the department of any vendor
   52  that has met the grounds for suspension described in paragraph
   53  (2)(a). The agency must provide documentation to the department
   54  evidencing the vendor’s default or other grounds for suspension.
   55  The department shall review the documentation provided and
   56  determine whether good cause exists to remove the company from
   57  the vendor list and to place it on the suspended vendor list. If
   58  good cause exists, the department must notify the vendor in
   59  writing of its intent to remove the vendor from the vendor list
   60  and of the vendor’s right to an administrative hearing and the
   61  applicable procedures and time requirements for any such
   62  hearing. If the vendor does not request an administrative
   63  hearing, the department must enter a final order removing the
   64  vendor from the vendor list. A vendor may not be removed from
   65  the vendor list without receiving an individual notice of intent
   66  from the department.
   67         (4) Within 21 days after receipt of the notice of intent,
   68  the vendor may file with the department a petition for a formal
   69  hearing pursuant to ss. 120.569 and 120.57 to challenge the
   70  department’s decision to remove the vendor from the vendor list.
   71  A vendor that fails to timely file a petition in accordance with
   72  this subsection is deemed to have waived its right to a hearing,
   73  and the department’s decision to remove the vendor from the
   74  vendor list becomes final agency action.
   75         (5)(a)The department shall place any vendor removed from
   76  the vendor list pursuant to this section on the suspended vendor
   77  list. One year or more after entry of the final order of its
   78  suspension, a suspended vendor may file a petition with the
   79  department for removal from the suspended vendor list. The
   80  proceeding on the petition must be conducted in accordance with
   81  chapter 120. The vendor may be removed from the suspended vendor
   82  list if the administrative law judge determines that removal
   83  from the list would be in the public interest. In determining
   84  whether removal from the list would be in the public interest,
   85  the administrative law judge may consider, but is not limited
   86  to, whether the suspended vendor has prepared a corrective
   87  action plan that addresses the original grounds for default or
   88  failure to fulfill the terms and conditions of the contract,
   89  reimbursed the agency for any reprocurement costs, or provided
   90  additional evidence that the vendor has taken other remedial
   91  action.
   92         (b) If a petition for removal from the suspended vendor
   93  list is denied, the vendor may not petition for another hearing
   94  on removal for a period of at least 9 months after the date of
   95  the denial. The department may petition for the suspended
   96  vendor’s removal before the expiration of such period if, in the
   97  department’s discretion, the department determines that removal
   98  from the suspended vendor list would be in the public interest.
   99         Section 2. This act shall take effect July 1, 2021.