CODING: Words stricken are deletions; words underlined are additions.

House Bill 0231c1

Florida House of Representatives - 1997 CS/HB 231 By the Committee on Governmental Operations and Representatives Lippman and Feeney 1 A bill to be entitled 2 An act relating to illegal aliens; amending s. 3 287.012, F.S.; providing that, to be a 4 "qualified bidder" with respect to providing 5 personal property or services, a person must 6 comply with any contract conditions prohibiting 7 the employment of illegal aliens, as defined; 8 amending s. 287.057, F.S.; requiring that 9 invitations to bid, requests for proposal, and 10 contracts shall contain notice specifying that 11 contracts with a contractor who knowingly 12 employs illegal aliens shall be subject to 13 unilateral cancellation; providing an effective 14 date. 15 16 Be It Enacted by the Legislature of the State of Florida: 17 18 Section 1. Subsection (13) of section 287.012, Florida 19 Statutes, 1996 Supplement, is amended, and subsection (20) is 20 added to that section, to read: 21 287.012 Definitions.--The following definitions shall 22 apply in this part: 23 (13) "Qualified bidder," "responsible bidder," 24 "qualified offeror," or "responsible offeror" means a person 25 who has the capability in all respects to perform fully the 26 contract requirements, complies with any contract conditions 27 prohibiting the employment of illegal aliens, and has the 28 integrity and reliability which will assure good faith 29 performance. 30 31 1 CODING: Words stricken are deletions; words underlined are additions. Florida House of Representatives - 1997 CS/HB 231 192-931-97 1 (20) "Illegal alien" means a person who is in the 2 state in violation of immigration laws and the Constitution of 3 the United States. 4 Section 2. Subsection (1) of section 287.057, Florida 5 Statutes, 1996 Supplement, is amended, and subsection (22) is 6 added to said section, to read: 7 287.057 Procurement of commodities or contractual 8 services.-- 9 (1)(a) Unless otherwise authorized by law, all 10 contracts for the purchase of commodities or contractual 11 services in excess of the threshold amount provided in s. 12 287.017 for CATEGORY TWO shall be awarded by competitive 13 sealed bidding. An invitation to bid shall be issued which 14 shall include a detailed description of the commodities or 15 contractual services sought; the date for submittal of bids; 16 and all contractual terms and conditions applicable to the 17 procurement of commodities or contractual services, including 18 the criteria which shall include, but need not be limited to, 19 price, to be used in determining acceptability of the bid. If 20 the agency contemplates renewal of the contract, it shall be 21 so stated in the invitation to bid. The bid shall include the 22 price for each year for which the contract may be renewed. 23 Evaluation of bids shall include consideration of the total 24 cost for each year as quoted by the bidder. No criteria may 25 be used in determining acceptability of the bid that was not 26 set forth in the invitation to bid. The contract shall be 27 awarded with reasonable promptness by written notice to the 28 qualified and responsive bidder who submits the lowest 29 responsive bid. This bid must be determined in writing to 30 meet the requirements and criteria set forth in the invitation 31 to bid. 2 CODING: Words stricken are deletions; words underlined are additions. Florida House of Representatives - 1997 CS/HB 231 192-931-97 1 (b) Every invitation to bid, request for proposal, or 2 contract shall contain the following notice: 3 NOTICE TO CONTRACTOR: 4 The employment of unauthorized aliens is considered a 5 violation of s. 274A(c) of the Immigration and Nationality 6 Act. If a contractor knowingly employs unauthorized aliens, 7 such violation shall be cause for unilateral cancellation of 8 the contract. 9 (22) Any contract with a contractor who knowingly 10 employs illegal aliens shall be subject to unilateral 11 cancellation. 12 Section 3. This act shall take effect October 1, 1997. 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 3