Fla. Admin. Code Ann. R. 20-106.002 - Minority Business Enterprises

To attain the purchasing goals encouraged by the Florida legislature pursuant to Section 287.0945, Florida Statutes, and to assure opportunity for certified minority business enterprise, the Department of Citrus adopts the following procedures:

(1) Discretionary Purchases: Discretionary purchases of commodities and services less than CATEGORY 2 as defined in Section 287.017, Florida Statutes, may be purchased from certified minority business enterprises without being competitively bid. In addition, the Department shall take steps to secure bids from certified minority enterprises when it seeks to contract for commodities or services in excess of CATEGORY 2.

(2) General Policy: Where two or more responsive bids are received, and one or more offered by a certified minority vendor is within ten percent of the lowest bid, the Department may award the contract to a certified minority vendor.

(3) Contract Reservation for Minority Enterprises: Each fiscal year, the Department shall review anticipated contracts and determine which may be reserved for bidding by certified minority business enterprises or by contractors agreeing to use certified minority subcontractors.

(a) Upon a determination that certified and qualified minority business enterprises are available to bid, and upon a finding by the agency head that such reservation is in the best interest of the state, the Department shall reserve the contract for minority bids.

(b) Prior to inviting bids upon a minority-reserved contract, the Department shall estimate the contract cost based on nature of the purchase and prevailing current market conditions.

(c) Where all minority bids exceed the Department estimate, the Department may reject all bids and either request new ones from minorities or open the bid to all qualified bidders.

(4) Reservation for Minority Subcontracting Vendors: Where it is determined that there are insufficient certified minority business enterprises qualified and available to bid, upon a finding by the agency head that it is in the best interest of the state, the Department shall reserve the contract for qualified bidders who agree to use certified minority business enterprises as subcontractors.

(a) Prior to reserving a contract for qualified bidders using certified minority vendors as subcontractors, the Department shall determine the percentage of funds it shall require be spent with minority vendors. This figure shall become part of the invitation to bid.

(b) All bids on contracts so reserved shall include identification of the certified minority firms which the bidder intends to be used as subcontractors.

Notes

Fla. Admin. Code Ann. R. 20-106.002

Specific Authority 601.10(1), (2), 287.042(4)(f) FS. Law Implemented 287.042(4)(f), 287.0943 FS.

New 7-11-93, Amended 10-15-95, 1-27-98.

New 7-11-93, Amended 10-15-95, 1-27-98.