Florida Senate - 2014 COMMITTEE AMENDMENT
Bill No. SPB 7062
Ì962288PÎ962288
LEGISLATIVE ACTION
Senate . House
Comm: WD .
03/11/2014 .
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following:
1 Senate Amendment (with directory and title amendments)
2
3 Between lines 397 and 398
4 insert:
5 (e) The corporation is subject to s. 287.057 for the
6 purchase of commodities and contractual services except as
7 otherwise provided in this paragraph. Services provided by
8 tradepersons or technical experts to assist a licensed adjuster
9 in the evaluation of individual claims are not subject to the
10 procurement requirements of this section. Additionally, the
11 procurement of financial services providers and underwriters
12 must be made pursuant to s. 627.3513. Contracts for goods or
13 services valued at or more than $100,000 are subject to approval
14 by the board.
15 1. The corporation is an agency for purposes of s. 287.057,
16 except that, for purposes of s. 287.057(22), the corporation is
17 an eligible user.
18 a. The authority of the Department of Management Services
19 and the Chief Financial Officer under s. 287.057 extends to the
20 corporation as if the corporation were an agency.
21 b. The executive director of the corporation is the agency
22 head under s. 287.057, except for resolution of bid protests for
23 which the board would serve as the agency head.
24 2. The corporation must provide notice of a decision or
25 intended decision concerning a solicitation, contract award, or
26 exceptional purchase by electronic posting. Such notice must
27 contain the following statement: “Failure to file a protest
28 within the time prescribed in this section constitutes a waiver
29 of proceedings.”
30 a. A person adversely affected by the corporation’s
31 decision or intended decision to award a contract pursuant to s.
32 287.057(1) or (3)(c) who elects to challenge the decision must
33 file a written notice of protest with the executive director of
34 the corporation within 72 hours after the corporation posts a
35 notice of its decision or intended decision. For a protest of
36 the terms, conditions, and specifications contained in a
37 solicitation, including any provisions governing the methods for
38 ranking bids, proposals, replies, awarding contracts, reserving
39 rights of further negotiation, or modifying or amending any
40 contract, the notice of protest must be filed in writing within
41 72 hours after the posting of the solicitation. Saturdays,
42 Sundays, and state holidays are excluded in the computation of
43 the 72-hour time period.
44 b. A formal written protest must be filed within 10 days
45 after the date the notice of protest is filed. The formal
46 written protest must state with particularity the facts and law
47 upon which the protest is based. Upon receipt of a formal
48 written protest that has been timely filed, the corporation must
49 stop the solicitation or contract award process until the
50 subject of the protest is resolved by final board action unless
51 the executive director sets forth in writing particular facts
52 and circumstances that require the continuance of the
53 solicitation or contract award process without delay in order to
54 avoid an immediate and serious danger to the public health,
55 safety, or welfare. The corporation must provide an opportunity
56 to resolve the protest by mutual agreement between the parties
57 within 7 business days after receipt of the formal written
58 protest. If the subject of a protest is not resolved by mutual
59 agreement within 7 business days, the corporation’s board must
60 place the protest on the agenda and resolve it at its next
61 regularly scheduled meeting. The protest must be heard by the
62 board at a publicly noticed meeting in accordance with
63 procedures established by the board.
64 c. In a protest of an invitation-to-bid or request-for
65 proposals procurement, submissions made after the bid or
66 proposal opening which amend or supplement the bid or proposal
67 may not be considered. In protesting an invitation-to-negotiate
68 procurement, submissions made after the corporation announces
69 its intent to award a contract, reject all replies, or withdraw
70 the solicitation that amends or supplements the reply may not be
71 considered. Unless otherwise provided by law, the burden of
72 proof rests with the party protesting the corporation’s action.
73 In a competitive-procurement protest, other than a rejection of
74 all bids, proposals, or replies, the corporation’s board must
75 conduct a de novo proceeding to determine whether the
76 corporation’s proposed action is contrary to the corporation’s
77 governing statutes, the corporation’s rules or policies, or the
78 solicitation specifications. The standard of proof for the
79 proceeding is whether the corporation’s action was clearly
80 erroneous, contrary to competition, arbitrary, or capricious. In
81 any bid-protest proceeding contesting an intended corporation
82 action to reject all bids, proposals, or replies, the standard
83 of review by the board is whether the corporation’s intended
84 action is illegal, arbitrary, dishonest, or fraudulent.
85 d. Failure to file a notice of protest or failure to file a
86 formal written protest constitutes a waiver of proceedings.
87 e. In lieu of a bid protest proceeding conducted by the
88 board in accordance with this subparagraph, the corporation may
89 refer the protest to the Division of Administrative Hearings for
90 a proceeding pursuant to s. 120.569. The division has
91 jurisdiction to conduct a proceeding on such protest if a
92 referral is made by the corporation.
93 3. Contract actions and decisions by the board under this
94 paragraph are final. Any further legal remedy must be made in
95 the Circuit Court of Leon County.
96
97 ====== D I R E C T O R Y C L A U S E A M E N D M E N T ======
98 And the directory clause is amended as follows:
99 Delete lines 90 - 91
100 and insert:
101 Section 2. Paragraphs (b), (e), and (hh) of subsection (6)
102 of section 627.351, Florida Statutes, are amended to read:
103
104 ================= T I T L E A M E N D M E N T ================
105 And the title is amended as follows:
106 Delete line 27
107 and insert:
108 projected deficit; authorizing the Division of
109 Administrative Hearings to hear protests of the
110 corporation’s decisions regarding the purchase of
111 commodities and contractual services; revising the
112 date for submitting