s. 287.012 1986 SUPPLEMENT TO FLORIDA STATUTES 1985 s. 287.055

8. Family placement services. 9. Prevention services related to mental health, in-

cluding drug abuse prevention programs, child abuse prevention programs, and shelters for runaways, operat-ed by not-for-profit corporations. However, in acquiring such services, the agency shall consider the ability of the contractor, past performance, willingness to meet time requirements, and price.

(c) The acquisition of services from other govern-mental agencies and the performance of services in-house, other than those performed by an employee in an authorized position, wherein the rate of pay for the performances of such services does not exceed the rate of pay for an equivalent authorized position, shall not be subject to the provisions of this part. Contracts for types of services included in paragraph (b) shall be subject to the requirements of ss. 112.3185, 287.058, 287.059, 287.094, and the laws relating to the authority of the Comptroller to audit expenditures for contractual ser-vices.

(5) "Division" means the Division of Purchasing of the Department of General Services.

(6) "Extension" means an increase in the time al-lowed for the contract period due to circumstances which, without fault of either party, make performance impracticable or impossible, or which prevent a new contract from being executed, with a proportional in-crease in the total dollar amount, which increase is to be based on the method and rate previously established in the contract.

(7) "Invitation to bid" means a written solicitation for sealed competitive bids with the title, date, and hour of the public bid opening designated and specifically de-fining the commodity, group of commodities, or services for which bids are sought. It includes instructions pre-scribing all conditions for bidding and shall be distribut-ed to all prospective bidders simultaneously. The invita-tion to bid is used when the agency is capable of specifi-cally defining the scope of work for which a contractual service is required or when the agency is capable of es-tabl is hin g precise specifications defining the actual commodity or group of commodities required.

(8) "Minority-owned firm or company" means any le-gal entity, other than a joint venture, which is organized to engage in commercial transactions and which is at least 51-percent owned and controlled by minority per-sons. The term "minority person" means a member of a socially or economically disadvantaged group which, for the purposes of this section, includes blacks not of His-panic origin, Hispanics, American Indians, Alaska Na-tives, Pacific Islanders, women, and physically or men-tally disabled persons. As used in this section, the term "physically or mentally disabled person" means a person who has a physical, mental, or emotional impairment, defect, disease, ailment, or disability of a permanent na-ture which in any way limits the type of employment for which the person would otherwise be qualified.

(9) "Qualified bidder" or "qualified offeror" means a person who has the capability in all respects to perform fully the contract requirements and has the integrity and reliability which will assure good faith performance.

(10) "Renewal" means contracting with the same con-tractor for an additional contract period after the initial

contract period, only if pursuant to contract terms spe-cifically providing for such renewal.

(11) "Request for proposals" means a written solicita-tion for sealed proposals with the title, date, and hour of the public opening designated. The request for propos-als is used when the agency is incapable of specifically defining the scope of work for which the commodity, group of commodities, or contractual service is required and when the agency is requesting that a qualified offer-er propose a commodity, group of commodities, or con-tractual service to meet the specifications of the solicita-tion document. A request for proposals includes, but is not limited to, general information, applicable laws and rules, functional or general specifications, statement of work, proposal instructions, and evaluation criteria. Re-quests for proposals shall state the relative importance of price and any other evaluation criteria.

(12) "Responsive bidder" or "responsive offeror" means a person who has submitted a bid which con-forms in all material respects to the invitation to bid or request for proposals.

Hlstory.-s. 22, ch 69-106; s. 1, ch. 80-374; ss. 4, 8, ch. 82-196; s. 1, ch. 83-99; s. 1, ch. 83-192; s. 1, ch. 84-158; s. 29. ch. 85-349; s. 1, ch. 86-52.

287.017 Purchasing categories, threshold amounts; procedures for automatic adjustment by divi-sion.-

(1} The following purchasing categories are hereby created:

(a} CATEGORY ONE: $600. (b) CATEGORY TWO: $3,000. (c) CATEGORY THREE: $6,000. (d) CATEGORY FOUR: $60,000. (e) CATEGORY FIVE: $120,000.

1(2) The division shall adopt rules to annually adjust the amounts provided in subsection (1) based upon the rate of change of a nationally recognized price index. Such rules shall include, but not be limited to, the follow· ing:

(a) Designation of the nationally recognized price in-dex or component thereof used to calculate the proper adjustment authorized in this section.

(b) The procedure for rounding results. (c) The effective date of each annual adjustment

based upon the previous calendar year data. (3) Notwithstanding s. 240.225, the State University

System shall be subject to the rules adopted pursuant to this section.

Hlstory.-ss. 5, 13, ch. 86-204. 'Note.-Expires January 1, 1992, pursuant to s. 13, ch. 86-204.

287.055 Acquisition of professional architectural, engineering, landscape architectural, or land-surveying services; definitions; procedures; contin-gent fees prohibited; penalties.-

(1) SHORT TITLE.-This section shall be known as the "Consultants' Competitive Negotiation Act."

(2) DEFINITIONS.-For purposes of this section: (a) "Professional services" means those services

within the scope of the practice of architecture, profes-sional engineering, landscape architecture, or regis-tered land surveying, as defined by the laws of the state, or those performed by any architect, professional engi-neer, landscape architect, or registered land surveyor in

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s. 287.055 1986 SUPPLEMENT TO FLORIDA STATUTES 1985 s. 287.055

connection with his professional employment or prac-tice.

(b) "Agency" means the state or a state agency, mu-nicipality, or political subdivision, a school district or a school board.

(c) "Firm" means any individual, firm, partnership, corporation, association, or other legal entity permitted by law to practice architecture, engineering, or land sur-veying in the state.

(d) "Compensation" means the total amount paid by the agency for professional services.

(e) "Agency official" means any elected or appointed officeholder, employee, consultant, person in the cate-gory of other personal service or any other person re-ceiving compensation from the state, a state agency, municipality, or political subdivision, a school district or a school board.

(f) "Project" means that fixed capital outlay study or planning activity described in the public notice of the state or a state agency pursuant to paragraph (3)(a). An agency shall prescribe by administrative rule proce-dures for the determination of a project under its jurisdic-tion. Such procedures may include:

1. Determination of a project which constitutes a grouping of minor construction, rehabilitation, or renova-tion activities.

2. Determination of a project which constitutes a grouping of substantially similar construction, rehabilita-tion, or renovation activities.

(g) A "continuing contract" is a contract for profes-sional services entered into in accordance with all the procedures of this act between an agency and a firm whereby the firm provides professional services to the agency for work of a specified nature as outlined in the contract required by the agency with no time limitation except that the contract shall provide a termination clause.

(3) PUBLIC ANNOUNCEMENT AND QUALIFICA-TION PROCEDURES.-

(a) Each agency shall publicly announce, in a uni-form and consistent manner, each occasion when pro-fessional services are required to be purchased for a project the basic construction cost of which is estimated by the agency to exceed the threshold amount provided ins. 287.017 for CATEGORY FIVE or for a planning or study activity when the fee for professional services ex-ceeds the threshold amount provided in s. 287.017 for CATEGORY THREE, except in cases of valid public emergencies so certified by the agency head. The pub-lic notice shall include a general description of the proj-ect and shall indicate how interested consultants may apply for consideration.

(b) Each agency shall encourage firms engaged in the lawful practice of their professions that desire to pro-vide professional services to the agency to submit annu-ally statements of qualifications and performance data.

(c) Any firm or individual desiring to provide profes-sional services to the agency must first be certified by the agency as qualified pursuant to law and the regula-tions of the agency. The agency shall make a finding that the firm or individual to be employed is fully qualified to render the required service. Among the factors to be considered in making this finding are the capabilities,

adequacy of personnel, past record, and experience of the firm or individual.

1(d) Each agency shall adopt administrative proce-dures for the evaluation of professional services, includ-ing, but not limited to, capabilities, adequacy of person-nel, past record, experience, whether the firm is a certi-fied minority business enterprise as defined by the Flori-da Small and Minority Business Assistance Act of 1985, and such other factors as may be determined by the agency to be applicable to its particular requirements. When securing professional services, an agency shall endeavor to meet the minority business enterprise pro-curement goal set forth in s. 287.042.

(e) The public shall not be excluded from the pro-ceedings under this section.

(4) COMPETITIVE SELECTION.-(a) For each proposed project, the agency shall

evaluate current statements of qualifications and per-formance data on file with the agency, together with those that may be submitted by other firms regarding the proposed project, and shall conduct discussions with, and may require public presentations by, no less than three firms, regarding their qualifications, approach to the project, and ability to furnish the required service.

1(b) The agency shall select, in order of preference, no fewer than three firms deemed to be the most highly qualified to perform the required services. In determin-ing whether a firm is qualified, the agency shall consider such factors as the ability of professional personnel; whether a firm is a certified minority business enterprise; past performance; willingness to meet time and budget requirements; location; recent, current, and projected workloads of the firms; and the volume of work previous-ly awarded to each firm by the agency, with the object of effecting an equitable distribution of contracts among qualified firms, provided such distribution does not vio-late the principle of selection of the most highly qualified firms.

(c) This subsection does not apply to a professional service contract for a project the basic construction cost of which is estimated by the agency to be not in excess of the threshold amount provided in s. 287.017 for CATE-GORY FIVE or for a planning or study activity when the fee for professional services is not in excess of the threshold amount provided ins. 287.017 for CATEGORY THREE.

(d) Nothing in this act shall be construed to prohibit a continuing contract between a firm and an agency.

(5) COMPETITIVE NEGOTIATION.-(a) The agency shall negotiate a contract with the

most qualified firm for professional services at compen-sation which the agency determines is fair, competitive, and reasonable. In making such determination, the agency shall conduct a detailed analysis of the cost of the professional services required in addition to consid-ering their scope and complexity. For any lump-sum or cost-plus-a-fixed-fee professional service contract over the threshold amount provided in s. 287.017 for CATEGORY FOUR, the agency shall require the firm re-ceiving the award to execute a truth-in-negotiation cer-tificate stating that wage rates and other factual unit costs supporting the compensation are accurate, com-plete, and current at the time of contracting. Any profes-

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s. 287.055 1986 SUPPLEMENT TO FLORIDA STATUTES 1985 s. 287.055

sional service contract under which such a certificate is required shall contain a provision that the original con-tract price and any additions thereto shall be adjusted to exclude any significant sums by which the agency de-termines the contract price was increased due to inac-curate, incomplete, or noncurrent wage rates and other factual unit costs. All such contract adjustments shall be made within 1 year following the end of the contract.

(b) Should the agency be unable to negotiate a sat-isfactory contract with the firm considered to be the most qualified at a price the agency determines to be fair, competitive, and reasonable, negotiations with that firm shall be formally terminated. The agency shall then undertake negotiations with the second most qualified firm. Failing accord with the second most qualified firm, the agency shall terminate negotiations. The agency shall then undertake negotiations with the third most qualified firm.

(c) Should the agency be unable to negotiate a sat-isfactory contract with any of the selected firms, the agency shall select additional firms in the order of their competence and qualification and continue negotiations in accordance with this subsection until an agreement is reached.

(6) PROHIBITION AGAINST CONTINGENT FEES.-(a) Each contract entered into by the agency for pro-

fessional services shall contain a prohibition against contingent fees as follows: "The architect (or registered land surveyor or professional engineer, as applicable) warrants that he has not employed or retained any com-pany or person, other than a bona fide employee work-ing solely for the architect (or registered land surveyor, or professional engineer, as applicable) to solicit or se-cure this agreement and that he has not paid or agreed to pay any person, company, corporation, individual, or firm, other than a bona fide employee working solely for the architect (or registered land surveyor or professional engineer, as applicable) any fee, commission, percent-age, gift, or other consideration contingent upon or re-sulting from the award or making of this agreement." For the breach or violation of this provision, the agency shall have the right to terminate the agreement without liabili-ty and, at its discretion, to deduct from the contract price, or otherwise recover, the full amount of such fee, commission, percentage, gift, or consideration.

(b) Any individual, corporation, partnership, firm, or company, other than a bona fide employee working sole-ly for an architect, professional engineer, or registered land surveyor, who offers, agrees, or contracts to solicit or secure agency contracts for professional services for any other individual, company, corporation, partnership, or firm and to be paid, or is paid, any fee, commission, percentage, gift, or other consideration contingent upon, or resulting from, the award or the making of a contract for professional services shall, upon conviction in a competent court of this state, be found guilty of a first degree misdemeanor, punishable as provided in s. 775.082 or s. 775.083.

(c) Any architect, professional engineer, or regis-tered land surveyor, or any group, association, compa-ny, corporation, firm, or partnership thereof, who offers to pay, or pays, any fee, commission, percentage, gift, or other consideration contingent upon, or resulting

from, the award or making of any agency contract for professional services shall, upon conviction in a state court of competent authority, be found guilty of a first degree misdemeanor, punishable as provided in s. 775.082 or s. 775.083.

(d) Any agency official who offers to solicit or secure, or solicits or secures, a contract for professional ser-vices and to be paid, or is paid, any fee, commission, percentage, gift, or other consideration contingent upon the award or making of such a contract for professional services between the agency and any individual person, company, firm, partnership, or corporation shall, upon conviction by a court of competent authority, be found guilty of a first degree misdemeanor, punishable as pro-vided in s. 775.082 or s. 775.083.

(7) AUTHORITY OF DEPARTMENT OF GENERAL SERVICES.-Notwithstanding any other provision of this section, the Department of General Services, Divi-sion of Building Construction, shall be the agency of state government which is solely and exclusively author-ized and empowered to administer and perform the functions described in subsections (3), (4), and (5) re-specting all projects for which the funds necessary to complete same are appropriated to the Department of General Services, irrespective of whether such projects are intended for the use and benefit of the Department of General Services or any other agency of government. However, nothing herein shall be construed to be in der-ogation of any authority conferred on the Department of General Services by other express provisions of law. Ad-ditionally, any agency of government may, with the ap-proval of the Department of General Services, delegate to the Department of General Services authority to ad-minister and perform the functions described in subsec-tions (3), (4), and (5). Under the terms of the delegation, the agency may reserve its right to accept or reject a proposed contract.

(8) STATE ASSISTANCE TO LOCAL AGENCIES.-On any professional service contract for which the fee is over $25,000, the Department of Transportation or the Department of General Services shall provide, upon re-quest by a municipality, political subdivision, school board, or school district, and upon reimbursement of the costs involved, assistance in selecting consultants and in negotiating consultant contracts.

(9) APPLICABILITY TO EXISTING CONTRACTS.-Nothing in this section shall affect the validity or effect of any contracts in existence on July 1, 1973.

(10) APPLICABILITY TO CONTRACTED PERFORM-ANCE.-This section is not applicable to the procure-ment of performance based on contracts.

(11) REUSE OF EXISTING PLANS.-Notwithstanding any other provision of this section, there shall be no pub-lic notice requirement or utilization of the selection proc-ess as provided in this section for projects in which the agency is able to reuse existing plans from a prior proj-ect. However, subsequent to July 1, 1975, public notice for any plans which are intended to be reused at some future time shall contain a statement which provides that the plans are subject to reuse in accordance with the provisions of this subsection.

(12) CONSTRUCTION OF LAW.-Nothing in the amendment of this section by ch. 75-281, Laws of Flori-

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s. 287.055 1986 SUPPLEMENT TO FLORIDA STATUTES 1985 s. 287.057

da, is intended to supersede the ;::irovisions of ss. 235.211 and 235.31.

Hiatory.-ss. 1, 2, 3, 4. 5, 6, 7, 8, ch 73-19; ss. 1, 2, 3,ch. 75-281; s. 1, ch. 77-174; s. 1, ch. 77-199; s. 10, ch. 84-321; ss. 23. 32, ch. 85-104; s. 57, ch. 85-349; s. 6, ch. 86-204.

1Note.-Amended bys. 23, ch. 85-104. Section 32 of ch. 85-104 provides that 'section 23 . . . of this act . . . [is] repealed effective October 1, 1995." ct.-·s. 255.29 Construction contracts; department rules.

287.057 Procurement of contractual seNices.-(1) For the purposes of this section, the term "state

contractual service term contract" means a term con-tract whereby a responsive bidder agrees to furnish a contractual service during a prescribed period of time or by a specific date. The specified period of time or date completes such contract.

(2) Unless otherwise authorized by law, all contracts for contractual services shall be awarded by competitive sealed bidding. An invitation to bid shall be issued which shall include a detailed description of the services sought; the date for submittal of bids; and all contractual terms and conditions applicable to the procurement of contractual services, including the criteria which shall in-clude, but need not be limited to, price, to be used in de-termining acceptability of the bid. If the agency contem-plates renewal of the contract, it shall be so stated in the invitation to bid. The bid shall include the price for each year for which the contract may be renewed. Evaluation of bids shall include consideration of the total cost for rnch year as quoted by the bidder. No criteria may be used in determining acceptability of the bid that was not sJt forth in the invitation to bid. The contract shall be awarded with reasonable promptness by written notice to the qualified and responsive bidder who submits the lowest and best bid. This bid must be determined in writ-ing to meet the requirements and criteria set forth in the invitation to bid.

(3) When an agency determines in writing that the use of competitive sealed bidding is not practicable, contractual services shall be procured by competitive sealed proposals. A request for proposals which in-cludes a statement of the services sought and all con-tractual terms and conditions applicable to the procure-ment of contractual services, including the criteria, which shall include, but need not be limited to, price, to be used in determining acceptability of the proposal shall be issued. If the agency contemplates renewal of the contract, it shall be so stated in the request for pro-posals. The proposal shall include the price for each year for which the contract may be renewed. Evaluation of proposals shall include consideration of the total cost for each year as quoted by the proposer. To assure full understanding of and responsiveness to the solicitation requirements, discussions may be conducted with quali-fied offerors. The offerors shall be accorded fair and equal treatment prior to the submittal date specified in the request for proposals with respect to any opportuni-ty for discussion and revision of proposals. The award shall be made to the responsible offeror whose proposal is determined in writing to be the most advantageous to the state, taking into consideration the price and the oth-er criteria set forth in the request for proposals. The con-tract file shall contain the basis on which the award is made.

(4) When the price of contractual services is less than the threshold amount provided in s. 287.017 for CATEGORY TWO, an agency shall not be required to use the competitive procedures set forth in subsections (2) and (3). However, the agency shall not divide the pro-curement of contractual services so as to avoid the re-quirements of subsections (2) and (3).

(5) A contract for contractual services may be awarded without competition if it is determined in writ-ing that such services are available from only one source; however, if such contract is for an amount great-er than the threshold amount provided ins. 287.017 for CATEGORY THREE, the agency shall secure prior ap-proval from the division.

(6) A contract for contractual services may be awarded without competition if state or federal law pre-scribes with whom the agency must contract or if the rate of payment is established during the appropriations process.

(7) If only one response to an invitation to bid or re-quest for proposals is received, the agency may pro-ceed with the procurement of the contractual services pursuant to subsection (5).

(8) If no response to an invitation to bid or request for proposals is received, the agency may proceed with the procurement of contractual services pursuant to subsection (5).

(9) The failure of the division to approve or disap-prove the request of an agency for prior approval pursu-ant to subsections (5), (7), and (8) within 21 days after receiving such request or within 14 days after receiving from the agency additional materials requested by the division shall constitute prior approval by the division.

(10} If two equal responses to an invitation to bid or request for proposals are received and one response is from a minority-owned firm or company, the agency shall enter into a contract with the minority-owned firm or company.

(11) If the head of any agency determines in writing that an immediate danger to the public health, safety, welfare, or other substantial loss to the state requires emergency action, the agency may proceed with the procurement of the contractual services necessitated by the immediate danger without competition. However, such emergency procurements shall be made with such competition as is practicable under the circumstances. The agency shall furnish copies of the written determina-tion certified under oath and any other documents relat-ing to the emergency action to the division.

(12) Extension of a contract for contractual services shall be in writing for a period not to exceed 6 months and shall be subject to the same terms and conditions set forth in the initial contract. The extension may, how-ever, provide for an increase in the total dollar amount of the contract based on the method and rate estab-lished in the initial contract. There shall be only one ex-tension of a contract unless the failure to meet the criteria set forth in the contract for completion of the contract is due to events beyond the control of the con· tractor.

(13) Renewal of a contract for contractual services shall be in writing and shall be subject to the same terms and conditions set forth in the initial contract. The cost

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s. 287.057 1986 SUPPLEMENT TO FLORIDA STATUTES 1985 s. 287.058

of any contemplated renewals shall be included in the invitation to bid or request for proposals. Renewals are to be done on a yearly basis, and contracts shall not be renewed for more than 2 years unless competitively pro-cured. Renewals shall be contingent upon satisfactory performance evaluations by the agency.

(14) For each contractual services contract. the agen-cy shall designate an employee to function as contract manager who shall be responsible for enforcing perform-ance of the contract terms and conditions, serve as a li-aison with the contractor, and approve all invoices prior to payment.

(15) Each agency shall designate one employee who, in addition to his existing duties, shall serve as a con-tract administrator responsible for maintaining a con-tract file and financial information on all contractual ser-vices contracts and who shall serve as a liaison with the contract managers and the division.

(16) A selection team of at least three employees who have experience and knowledge in the program areas and service requirements for which contractual services are sought shall be appointed by the agency head to aid in the selection of contractors for contracts of more than the threshold amount provided in s. 287.017 for CATE-GORY FOUR.

(17) No person who receives a contract which has not been procured pursuant to subsection (2) or subsection (3) to perform a feasibility study of the potential imple-mentation of a subsequent contract, participating in the drafting of an invitation to bid or request for proposals, or developing a program for future implementation shall be eligible to contract with the agency for any other con-tracts dealing with that specific subject matter; nor shall any firm in which such person has any interest be eligi-ble to receive such contract.

(18) Each agency shall establish a review and approv-al process for all contractual services contracts costing more than the threshold amount provided for in s. 287.017 for CATEGORY THREE which shall include, but not be limited to, program, financial, and legal review and approval. Such reviews and approvals shall be ob-tained before the contract is executed.

(19) The division may establish state contractual ser-vice term contracts. Such contracts may be utilized by any agency, county, municipality, or local public agency.

(20) Nothing in this section shall affect the validity or effect of any contract in existence on July 1, 1983.

History.-s. 1, ch 78-4; s. 2, ch. 80-206; s. 4, ch. 80-374; s. 1, ch. 82-121; s. 9, ch. 82-196; s. 3, ch. 83-99; s. 3, ch. 83-192; s. 7, ch 86-204.

287.058 Contract document.-(1) Every procurement of contractual services in ex-

cess of the threshold amount provided ins. 287.017 for CATEGORY ONE, except for the providing of health and mental health services or drugs in the examination, diag-nosis, or treatment of sick or injured state employees or the providing of other benefits as required by the provi-sions of chapter 440, shall be evidenced by a written agreement embodying all provisions and conditions of the procurement of such services, which provisions and conditions shall include, but shall not be limited to:

(a) A provision that bills for fees or other compensa-tion for services or expenses be submitted in detail suffi-cient for a proper preaudit and postaudit thereof.

(b) A provision that bills for any travel expenses be submitted in accordance with s. 112.061. A state agen-cy may establish rates lower than the maximum provid-ed in s. 112.061.

(c) A provision allowing unilateral cancellation by the agency for refusal by the contractor to allow public ac-cess to all documents, papers, letters, or other material subject to the provisions of chapter 119 and made or re-ceived by the contractor in conjunction with the con-tract.

(d) A provision dividing the contract into units of de-liverables, which shall include, but not be limited to, re-ports, findings, and drafts, that must be received and accepted in writing by the contract manager prior to payment.

(e) A provision specifying the criteria and the final date by which such criteria must be met for completion of the contract.

(f) Where applicable, a provision specifying that the contract may be renewed on a yearly basis for a maxi-mum of 2 years after the initial contract; 1specifying the terms under which the cost may change as determined in the invitation to bid or request for proposals; and 1specifying that renewals shall be contingent upon satis-factory performance evaluations by the agency and sub-ject to the availability of funds.

(2) The written agreement shall be signed by the agency head and the contractor prior to the rendering of any contractual service the value of which is in excess of the threshold amount provided ins. 287.017 for CATE-GORY ONE, except in the case of a valid emergency as certified by the agency head. The procurement of con-tractual services shall not be divided so as to avoid the provisions of this section.

(3) Notwithstanding the provisions of subsections (1) and (2), in those cases in which state agencies are unable to procure a written agreement for the providing of health and mental health services or drugs in the ex-amination, diagnosis, or treatment of sick or injured per-sons in the care or custody of a state agency, those ser-vices and drugs may be obtained by purchase order. The purchase order shall contain sufficient detail for a proper audit and shall be signed by purchasing or con· tracting personnel acting on behalf of the agency.

(4) Every procurement of contractual services of the value of the threshold amount provided in s. 287.017 for CATEGORY ONE or less, except for the providing of health and mental health services or drugs in the exami-nation, diagnosis, or treatment of sick or injured state employees or the providing of other benefits as required by the provisions of chapter 440, shall be evidenced by a written agreement or purchase order. The written agreement shall contain sufficient detail for a proper au-dit, shall be signed by purchasing or contracting person-nel acting on behalf of the agency, and may contain the provisions and conditions provided in. subsection (1 ).

Htstory.-s. 10, ch. 82-196; s. 4. ch. 83-192; s. 1, ch. 85-30; s. 47. ch. 86-183; s. 8, ch. 86-204. 'Note.-The word "specifying· was added by the editors.

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s. 287.062 1986 SUPPLEMENT TO FLORIDA STATUTES 1985 s. 287.064

287.062 Competitive bids, when required; excep-tion; deferred-payment purchases.-

(1} No purchase of commodities may be made when the purchase price thereof is in excess of the threshold amount provided ins. 287.017 for CATEGORY TWO un-less made upon competitive bids received, except:

(a) If the head of any state agency maintains that an emergency exists in regard to the purchase of any com-modity, so that the delay incident to giving opportunity for competitive bidding would be detrimental to the in-terests of the state, then the head of such agency shall file with the division a statement under oath certifying the conditions and circumstances. In the case of the emergency purchase of insurance, the period of cover-age of such insurance shall not exceed a period of 30 days; and all such emergency purchases shall be report-ed to the head of the Department of General Services.

(b} Purchasing agreements, contracts, and maxi-mum price regulations executed by the division are ex-cepted from bid requirements.

(c} Commodities available only from a single source may be excepted from the bid requirements upon the fil-ing by the head of an agency of a certification of condi-tions and circumstances with the division if, subsequent thereto, the division authorizes the exception in writing.

(d} When it is in the best interest of the state, the head of the Department of General Services may autho· rize the division director to purchase insurance by nego-tiation, but this shall be done only under conditions most favorable to the public interest and upon a showing that such purchase will result in the lowest ultimate cost for the coverage obtained.

(e) When an agency determines in writing that the solicitation for competitive bids is not practicable or not advantageous to the state, commodities may be pro· cured by requests for proposals. For commodities in ex-cess of the threshold amount provided ins. 287.017 for CATEGORY FOUR, the determination shall be submit-ted to the division. To assure full understanding of and responsiveness to the requirements set forth in the re· quest for proposals, discussions may be conducted with qualified offerers. The division shall assist in the discus· sion upon request from the agency. Qualified offerors shall be accorded fair and equal treatment with respect to any opportunity for discussion and revision of propos-als prior to the submittal date specified in the request for proposals. The award shall be made to the respon-sive offeror whose proposal is determined to be the most advantageous to the state, taking into consider· ation price and the other evaluation criteria set forth in the request for proposals. The basis on which the award is made for commodities in excess of the threshold amount provided in s. 287.017 for CATEGORY FOUR shall be submitted in writing to the division.

(2) If no competitive bids or proposals for commodi-ty purchases are received, the division may negotiate on the best terms and conditions.

(3) Upon issuance of any invitation to bid or request for proposals, an agency shall forward to the division one copy of each invitation to bid or request for propos-als for all commodity purchases in excess of the thresh-old amount provided ins. 287.017 for CATEGORY TWO.

An agency shall also, upon request, furnish a copy of all competitive bid or proposal tabulations.

1(4) In order to strive to meet the minority business enterprise goals set forth ins. 287.042, an agency may reserve any contract for competitive bidding only among certified minority business enterprises. Agencies shall review all their contracts each fiscal year and shall deter-mine which contracts may be reserved for bidding only among minority business enterprises. This reservation may only be used when it is determined before the invi-tation to bid that there are capable, qualified certified mi· nority business enterprises available to bid on a contract to provide for effective competition. Before a contract can be reserved for bidding only by certified minority business enterprises, the agency head must find that such a reservation is in the best interests of the state. Once a decision has been made to reserve a contract, but before bids are requested, the agency shall estimate what it expects the amount of the contract to be, based on the nature of the services or commodities involved and their value under prevailing market conditions. If all the bids received are over this estimate, the agency may reject the bids and request new ones from minority busi· ness enterprises, or the agency may reject the bids and reopen the bidding to all eligible qualified contractors.

1(5) An agency may reserve any contract for competi-tive bidding only among contractors who agree to utilize certified minority enterprises as subcontractors or sub-vendors. The percentage of funds which must be ex-pended with minority business enterprise subcontrac-tors and subvendors shall be determined by the agency before such contracts may be reserved. In order to bid on a contract so reserved, the contractor shall identify those certified minority business enterprises which will be utilized as subcontractors or subvendors.

Hiatoty.-s. 22, ch. 69-106; s. 1, ch. 78-109; s. 2, ch. 79-92; s. 5, ch. 80-374; s. 4, ch. 83-99; s. 15, ch. 83-132; ss. 24, 32, ch. 85-104; s. 9, ch. 86-204.

'Note.-Expires October 1. 1995. cf.-s. 265.26 Trustees of Ringling Museum of Art.

287.064 Consolidated financing of deferred-payment purchases.-

(1) The Division of Bond Finance of the Department of General Services and the Comptroller shall plan and coordinate deferred-payment purchases made by or on behalf of the state or its agencies. The division shall ne-gotiate and the Comptroller shall execute agreements and contracts to establish master equipment financing agreements for consolidated financing of deferred-payment, installment sale, or lease purchases with a fi-nancial institution or a consortium of financial institu-tions. As used in this act, the term "deferred-payment" includes installment sale and lease purchase.

(a) The period during which equipment may be ac-quired under any one master equipment financing agreement shall be limited to not more than 3 years.

(b) Repayment of the whole or a part of the funds drawn pursuant to the master equipment financing agreement may continue beyond the period established pursuant to paragraph (a) above.

(c) The interest rate component of any master equipment financing agreement shall be deemed to comply with the interest rate limitation imposed in s. 287.063, so long as the interest rate component of every

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s. 287.064 1986 SUPPLEMENT TO FLORIDA STATUTES 1985 s. 288.385

interagency agreement entered into under such master equipment financing agreement complies with the inter-est rate limitation imposed in s. 287.063. Such interest r~te limitation does not apply when the payment obliga-tion under the master equipment financing agreement 1s rated by a nationally recognized rating service in any o.ne of the three highest classifications, which rating ser-vices and classifications are determined pursuant to rules adopted by the Comptroller.

(2) Unless specifically exempted by the Comptroller, all d~ferred-payment purchases shall be acquired by funding through master equipment financing agree-ments. The Comptroller is authorized to exempt any pur-chases from cons~lidat~d financing when, in his judg-ment, alternative f1nanc1ng would be cost effective or otherwise beneficial to the state.

(3) The Comptroller may require agencies to enter into interagency agreements for the purpose of carrying out the provisions of this act.

(a) The term of any interagency agreement shall ex-pire on June 30 of each fiscal year, but shall automatical-ly be renewed annually, subject to appropriations and deferred-payment schedules. The period of any intera-gency agreement shall not exceed the useful life of the equipment for which the agreement was made, as deter-mined by the Comptroller.

(b) The interagency agreements may include, but are not limited to, equipment costs, terms, and a pro rata share of program and issuance expenses.

(4_) The Comptroller is authorized to automatically debit each agency's funds consistently with the de· ferred-payment schedules.

(5) There is created the Consolidated Payment Trust Fund in .the Comptroller's Office for the purpose of im· plementing the provisions of this act. All funds debited from each agency may be deposited in the trust fund and shall be used to meet the financial obligations in· curred pursuant to this act. Any income from the invest-ment of funds may be used to fund administrative costs associated with this program.

(6) The Department of General Services and the Comptroller, individually, shall adopt rules to implement their respective responsibilities under this section.

History.-s. 26, ch. 85-349; s. 10, ch. 86-204.

287.0641 Agreement not debt or pledge of faith or credit of state.-No agreement entered into pursuant to s. 287.064 shall establish a debt of the state or shall be a pledge of the faith and credit of the state; nor shall any agreement be a liability or obligation of the state except from appropriated funds. All agreements, however, may be automatically renewable at the end of each fiscal year, subject to sufficient annual appropriations.

Hlatory.-s. 28, ch. 85-349; s. 11, ch. 86-204.

1287.102 Class B printing.-No general contract shall be let to cover printing designated as "class B," but each job coming under this classification shall be let separately, under regulations adopted by the division, to the lowest responsible bidder. Such contract shall ap· ply only to the work under consideration, and competi-tive bids shall be required on any purchase in excess of the threshold amount provided ins. 287.017 for CATE-GORY TWO. All public printing governed hereby shall

be done in accordance withs. 283.35. History.-s. 22, ch. 69-106; s. 2, ch. 76-71; s. 3, ch. 78-145; s. 5, ch. 79-135; ss.

2, 6, ch. 83-252; s. 12, ch. 86-204. 1Note.-Expires January 1, 1989. pursuant to s. 6, ch. 83-252, and shall be re-

viewed by the Legislature prior lo that date.

CHAPTER 288

COMMERCIAL DEVELOPMENT AND CAPITAl IMPROVEMENTS

288.075 Confidentiality of records. 288.385 International currency and barter exchanges.

288.075 Confidentiality of records.-(1) "Economic development agency" means the Divi-

sion of Economic Development of the Department of Commerce, any industrial development authority creat-ed in accordance with part Ill of chapter 159 or by spe-cia! law, the public economic development agency which advises the county commission on the issuance of industrial revenue bonds of a county which does not have an industrial development authority created in ac-cordance with part Ill of chapter 159 or by special law, or any research and development authority created in accordance with part V of chapter 159.

(2) Upon written request from a private corporation, partnership, or person, information, records, reports, data, and documents of an economic development agency which contain or would provide information con-cerning plans, intentions, or interests of such private corporation, partnership, or person to locate, relocate, or expand any of its manufacturing or other business ac-tivities in this state shall be privileged and confidential and shall not be published or open to public inspection and sh~ll be exempt from the provisions of s. 119.07(1 ). This privilege and confidentiality shall only apply for a penod not to exceed 24 months from the date an initial inquiry is received by the economic development agen-cy, except upon petition by any party to a court of com-petent jurisdiction and upon determination by the court that the petitioner has proven, in the opinion of the court, need for access to such documents.

(3) . Nothing herein shall be construed to waive any prov1s1on of chapter 120 or any other provision of law re-quiring a public hearing. . (4) No p~blic officer or employee acting in his indi-

vidual capacity shall enter into a binding agreement with any corporation, partnership, or person when such pub-lic officer or employee has knowledge that information concerning such corporation, partnership, or person is confidential pursuant to this section, until 90 days after such information is made public.

(5) Any person who is an employee of an economic development agency who violates the provisions of this sec~ion is guilty of a misdemeanor of the second degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084.

Hlstory.-s. t, ch. 77-75; s. 1, ch. 79-395; s. 3, ch. 83-47; s. 1, ch. 86-152; s. 1, ch. 86-180: s. 1, ch. 66-218.

288.385 International currency and barter ex-changes.-

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