Senate Bill sb0986
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Florida Senate - 2007 SB 986
By Senator Aronberg
27-1104-07 See HB 399
1 A bill to be entitled
2 An act relating to procurement of
3 environmentally preferable cleaning products;
4 creating s. 287.048, F.S.; providing
5 definitions; directing the Department of
6 Management Services, in cooperation with the
7 Department of Environmental Protection, to
8 review and revise the statewide procurement
9 procedure and specifications for the purchase
10 of cleaning products; directing each state
11 agency to review and revise procurement
12 procedures and specifications for the purchase
13 of cleaning products; specifying requirements
14 for such review and revision; requiring each
15 agency to make a determination for the
16 procurement of environmentally preferable
17 cleaning products; requiring the Auditor
18 General to assist in monitoring the product
19 procurement requirements; providing
20 requirements for contract solicitation;
21 providing requirements for submission of bids,
22 proposals, and replies; providing requirements
23 for evaluation of bids, proposals, and replies;
24 authorizing the Department of Management
25 Services to adopt rules specifying the criteria
26 for such evaluations; authorizing price
27 preference in contract awards for vendors who
28 offer certified environmentally preferable
29 cleaning products and who are domiciled in the
30 state; requiring the department to establish
31 rules for price preferences; requiring the
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Florida Senate - 2007 SB 986
27-1104-07 See HB 399
1 department to evaluate proposed environmentally
2 preferable products for inclusion in
3 procurement procedures; requiring each agency
4 to purchase environmentally preferable cleaning
5 products if available and meeting certain
6 criteria; providing for the procurement of
7 nonenvironmentally preferable cleaning products
8 under certain circumstances; requiring the
9 department to establish rules for the
10 implementation of environmentally preferable
11 cleaning product procurement; requiring each
12 agency to submit an annual report to the
13 department; providing report requirements;
14 requiring the department to prepare annual
15 summaries and submit a report to the Governor
16 and the Legislature; providing an effective
17 date.
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19 Be It Enacted by the Legislature of the State of Florida:
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21 Section 1. Section 287.048, Florida Statutes, is
22 created to read:
23 287.048 Procurement of environmentally preferable
24 cleaning products.--
25 (1) For the purposes of this section, the term
26 "environmentally preferable cleaning products" means cleaning
27 products that have a lesser or reduced effect on human health
28 and the environment than competing cleaning products that
29 serve the same purpose.
30 (2)(a) The department, in cooperation with the
31 Department of Environmental Protection, shall review and
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Florida Senate - 2007 SB 986
27-1104-07 See HB 399
1 revise statewide procurement procedures and specifications for
2 the purchase of cleaning products to eliminate any procedures
3 and specifications that explicitly discriminate against
4 cleaning products that are environmentally preferable, unless
5 such procedures and specifications are necessary to protect
6 the public health, safety, and welfare.
7 (b) Each agency shall review and revise its
8 procurement procedures and specifications for the purchase of
9 cleaning products to eliminate any procedures and
10 specifications that explicitly discriminate against cleaning
11 products that are environmentally preferable, unless such
12 procedures and specifications are necessary to protect the
13 public health, safety, and welfare.
14 (3)(a) The department and each agency shall review its
15 procurement provisions and specifications for the purchase of
16 cleaning products to determine which environmentally
17 preferable cleaning products could be procured by the
18 department and agencies. In making such determination, the
19 department and each agency shall refer to the guidelines for
20 environmentally preferable purchasing set forth by the United
21 States Environmental Protection Agency.
22 (b) The department and each state agency shall review
23 and revise its procurement procedures and specifications for
24 the purchase of cleaning products to ensure, to the maximum
25 extent feasible, that each agency uses state contracts to
26 purchase environmentally preferable cleaning products. Such
27 review and revision shall include an implementation measure
28 that avoids wasting of existing inventories, accommodates
29 establishment of available vendors and products, enables
30 training of personnel in appropriate work practices, and
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Florida Senate - 2007 SB 986
27-1104-07 See HB 399
1 allows the phase-out of products and practices inconsistent
2 with the provisions of this section.
3 (c) The Auditor General shall assist in monitoring the
4 product procurement requirements.
5 (4)(a) Upon completion of the review required in
6 subsection (3), the department and each agency shall require
7 that a person who submits a bid, proposal, or reply for a
8 contract for the purchase of cleaning products must certify in
9 writing whether the cleaning product subject to the bid,
10 proposal, or reply is an environmentally preferable cleaning
11 product. A person may certify that the product is not
12 environmentally preferable.
13 (b) Upon evaluation of bids, proposals, or replies for
14 each public contract that involves the purchase of products
15 identified in subsection (3), the department or agency shall
16 identify the lowest responsible and responsive vendor and
17 other responsible and responsive vendors who have certified
18 that the products are environmentally preferable as set forth
19 in the solicitation.
20 (c) The department or agency may consider life-cycle
21 costing when evaluating a bid, proposal, or reply on
22 environmentally preferable cleaning products. The department
23 shall adopt rules that specify the criteria to be used when
24 considering life-cycle costing in evaluating bids, proposals,
25 or replies.
26 (5)(a) In awarding a contract for the purchase of
27 environmentally preferable cleaning products, the department
28 or agency may allow up to a 10-percent price preference to a
29 responsible and responsive vendor who has certified that the
30 products are environmentally preferable. An additional price
31 preference of up to 5 percent may be allowed if the vendor is
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Florida Senate - 2007 SB 986
27-1104-07 See HB 399
1 also domiciled in the state. The amount of the price
2 preference shall be commensurate with the life cycle of the
3 products, including raw material acquisition, production,
4 manufacturing, packaging, distribution, reuse, operation,
5 maintenance, or final disposal of the products on a sliding
6 scale as established by department rule.
7 (b) Environmentally preferable cleaning products shall
8 be used where economically and technically feasible. If no
9 vendor offers environmentally preferable cleaning products
10 with measurable life-cycle costing factors, the contract shall
11 be awarded to the lowest bidding qualified responsible and
12 responsive vendor.
13 (6) Any person may request the department to evaluate
14 a cleaning product to determine if the product is eligible for
15 inclusion under state contracts. The department shall review
16 each reasonable proposal to determine its merit and, if it
17 finds that the product is environmentally preferable, it may
18 incorporate that product into its procurement procedures.
19 (7) The department and each agency shall review and
20 revise its procedures and specifications on a continuing basis
21 to encourage the use of environmentally preferable cleaning
22 products and shall, in developing new procedures and
23 specifications, encourage the use of environmentally
24 preferable cleaning products.
25 (8) An agency, or a vendor contracting with such
26 agency with respect to work performed under contract, must
27 procure environmentally preferable cleaning products if the
28 department determines that those products are available
29 pursuant to subsection (3). A decision not to procure such
30 items must be based on the department's determination that
31 such procurement is not reasonably available within an
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Florida Senate - 2007 SB 986
27-1104-07 See HB 399
1 acceptable period of time or fails to meet the performance
2 standards set forth in the applicable specifications or fails
3 to meet the performance standards of the agency.
4 (9) The department shall establish rules for the
5 implementation of environmentally preferable cleaning product
6 procurement, including a uniform reporting mechanism. Each
7 agency shall report annually to the department its total
8 expenditures on, and use of, environmentally preferable
9 cleaning products. The department shall prepare annual
10 summaries of statewide environmentally preferable purchases to
11 be submitted to the Governor, the President of the Senate, and
12 the Speaker of the House of Representatives.
13 Section 2. This act shall take effect July 1, 2007.
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