Florida Senate - 2014 COMMITTEE AMENDMENT Bill No. SB 612 Ì2916828Î291682 LEGISLATIVE ACTION Senate . House Comm: RCS . 03/06/2014 . . . . ————————————————————————————————————————————————————————————————— ————————————————————————————————————————————————————————————————— (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