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