Florida Senate - 2014 COMMITTEE AMENDMENT
Bill No. SB 612
Ì2916828Î291682
LEGISLATIVE ACTION
Senate . House
Comm: RCS .
03/06/2014 .
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(Hays) recommended the following:
1 Senate Amendment (with title amendment)
2
3 Before line 27
4 insert:
5 Section 1. Paragraph (a) of subsection (14) of section
6 215.985, Florida Statutes, is amended to read:
7 215.985 Transparency in government spending.—
8 (14) The Chief Financial Officer shall establish and
9 maintain a secure contract tracking system available for viewing
10 and downloading by the public through a secure website. The
11 Chief Financial Officer shall use appropriate Internet security
12 measures to ensure that no person has the ability to alter or
13 modify records available on the website.
14 (a) Within 30 calendar days after executing a contract,
15 each state entity shall post the following information relating
16 to the contract on the contract tracking system:
17 1. The names of the contracting entities.
18 2. The procurement method.
19 3. The contract beginning and ending dates.
20 4. The nature or type of the commodities or services
21 purchased.
22 5. Applicable contract unit prices and deliverables.
23 6. Total compensation to be paid or received under the
24 contract.
25 7. All payments made to the contractor to date.
26 8. Applicable contract performance measures.
27 9. If a competitive solicitation was not used to procure
28 the goods or services, the justification of such action,
29 including citation to a statutory exemption or exception from
30 competitive solicitation, if any.
31 10. Electronic copies of the contract and procurement
32 documents that have been redacted to exclude confidential or
33 exempt information.
34 11. Whether the contractor was listed on the vendor
35 complaint list, suspended vendor list, or terminated vendor list
36 under s. 287.1335 at the time the contract was initially entered
37 into.
38 Section 2. Section 287.1335, Florida Statutes, is created
39 to read:
40 287.1335 Vendors; reporting by agencies and local
41 governmental entities.—
42 (1) As used in this section, the term:
43 (a) “Suspended vendor list” means a list compiled by the
44 department of all reported vendors whose ability to bid or
45 perform state or local government contracts has been temporarily
46 suspended by an agency or a participating local governmental
47 entity due to a contract default by the vendor or for other good
48 cause.
49 (b) “Terminated vendor list” means a list compiled by the
50 department of all reported vendors whose contracts have been
51 terminated by an agency or a participating local governmental
52 entity due to a contract default by the vendor or for other good
53 cause.
54 (c) “Vendor” means an entity or person in a contractual
55 relationship with an agency or a local governmental entity.
56 (d) “Vendor complaint list” means a list compiled by the
57 department of complaints that have been issued to vendors by an
58 agency or participating local governmental entity.
59 (2) An agency shall provide the department with copies of
60 complaints issued to vendors and the names of suspended and
61 terminated vendors for the vendor complaint list, the suspended
62 vendor list, and the terminated vendor list, respectively. A
63 local governmental entity may provide such information to the
64 department.
65 (3) The department shall maintain and update, on its
66 website, the vendor complaint list, the suspended vendor list,
67 and the terminated vendor list. In addition, the department
68 shall provide public access through its website of copies of
69 complaints issued to a vendor by an agency or participating
70 local governmental entity.
71 (4) An agency shall provide the department each quarter
72 with updated information necessary to maintain the vendor
73 complaint list, the suspended vendor list, and the terminated
74 vendor list. A local governmental entity may provide such
75 information to the department each quarter. An agency shall
76 report to the department all instances of a material breach of a
77 contract or a notice of default and subsequent termination
78 within 30 days after such occurrence.
79 (5)(a) An agency shall require that a vendor responding to
80 a competitive solicitation disclose whether the vendor has,
81 within the previous 5 years, had a contract terminated by a
82 federal, state, or local governmental entity after defaulting on
83 a contract; paid a fine or penalty incurred by nonperformance of
84 a federal, state, or local government contract; or entered into
85 an agreement with a federal, state, or local governmental entity
86 in settlement of any issues related to default or nonperformance
87 of a contract. An agency may consider a vendor’s failure to
88 disclose such information in determining whether the vendor is
89 in breach of any resulting contract.
90 (b) A local governmental entity may require such
91 disclosures from a vendor in response to a competitive
92 solicitation.
93 (6) When evaluating bids, proposals, or replies to
94 competitive solicitations, an agency must consider information
95 available on the vendor complaint list, suspended vendor list,
96 and terminated vendor list in determining whether the vendor
97 submitting a response to the competitive solicitation is a
98 responsible and responsive vendor. If an agency enters into a
99 contract with a vendor on the vendor complaint list, suspended
100 vendor list, or terminated vendor list, the contract file must
101 contain documentation specifying that the agency’s designee with
102 authority to sign the contract was aware that the contracted
103 vendor was named on the vendor complaint list, suspended vendor
104 list, or terminated vendor list at the time the contract was
105 initially entered into.
106
107 ================= T I T L E A M E N D M E N T ================
108 And the title is amended as follows:
109 Delete lines 2 - 3
110 and insert:
111 An act relating to government contracting; amending s.
112 215.985, F.S.; revising information to be posted on
113 the Chief Financial Officer’s contract tracking system
114 to conform to changes made by the act; amending s.
115 287.1335, F.S.; defining terms; requiring agencies to
116 provide the Department of Management Services with
117 copies of vendor complaints and names of suspended and
118 terminated vendors; authorizing local governmental
119 entities to provide such information to the
120 department; requiring the department to maintain
121 certain information regarding vendors on its website;
122 requiring an agency to submit specified information to
123 the department on a quarterly basis; authorizing a
124 local governmental entity to submit such information
125 on the same basis; requiring a vendor responding to an
126 agency’s competitive solicitation to disclose certain
127 information; specifying certain requirements for
128 considering a response to a competitive solicitation
129 or entering a contract; amending s. 287.084, F.S.;
130 expanding