Fla. Admin. Code Ann. R. 60A-9.0021 - Determination of MBE Industry Dollar Goal

(1) The agency dollar base for each industry will be the actual year-end expenditures for the previous fiscal year less the amount of all approved exclusions, except for the construction, architectural and engineering industries for which the base will be determined by present year appropriations. The MBE dollar goals will be determined by multiplying the industry dollar base by the total industry goals. Each industry dollar goal will be further divided across the minority status categories set forth in Section 287.09451(4)(n), F.S.

(2) The Office may exclude funds from the base amount when it has determined that an agency is without the authority or discretion to expend the funds with certified Minority Business Enterprises. The spending categories will be identified by SAMAS object code and object type and will be known as exclusions.

(a) No later than thirty (30) days after the start of each fiscal year, the Office will provide each agency with a list of exclusions that have been approved by the Office for the current year and that are applicable to all agencies.

(b) The Office will approve additional agency-specific exclusions on an annual basis. It is the responsibility of each agency to request any additional exclusions and to submit written documentation supporting each exclusion to the Office. Requests for additional exclusions must state the reason that the agency is unable to expend the funds with certified Minority Business Enterprises. Examples of additional exclusions include, but are not limited to, purchases from PRIDE, RESPECT or a single source.

(3) The Office will set MBE dollar goals within forty-five (45) days of its receipt of the utilization plan from the agency. If any extensions have been granted to an agency pursuant to Rule 60A-9.002, F.A.C., the Office will set the goals within forty-five (45) days of the end of the applicable extension period upon receipt of the utilization plan.

(4) In the event of agency budget reductions, the Office shall review budget adjustment requests.

(5) The Office of Supplier Diversity may review any and all solicitations and contract awards of any agency which does not meet its MBE goals in two (2) consecutive or three (3) out of five (5) total fiscal years.

Notes

Fla. Admin. Code Ann. R. 60A-9.0021

Rulemaking Authority 120.53, 287.09451 FS. Law Implemented 287.09451(4) FS.

New 9-11-96, Formerly 38A-20.0021.

New 9-11-96, Formerly 38A-20.0021.