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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