Current through Reg. 50, No. 187; September 24, 2024
(1) Procurement
specifications for competitive solicitation shall promote competition and not
favor any particular potential respondent.
(2) At a minimum, Agency specifications in a
competitive solicitations shall include:
(a)
Approximate Net Usable Square Footage per Rule
60H-2.003, F.A.C.;
(b) Areas where the potential lease could be
located to meet the Agency's location needs;
(c) Requested occupancy date;
(d) Desired term of lease and potential for
renewal options;
(e) Date by which
responses must be received;
(f)
Anticipated date for award of procurement;
(g) Services required, including technical
and operational requirements established by the agency; and,
(h) Agency criteria to be used in determining
acceptablility of any response.
(3) All competitive solicitations issued by
agencies, pursuant to Section
255.25(3)(a),
F.S., must be advertised by electronic posting for no less than 10 calendar
days prior to the date for receipt of responses, unless the Department or
Agency determines in writing that a shorter period of time is in the Best
Interests of the State. All Agency decisions or intended decisions (as defined
in Rule 28-110.002, F.A.C.), must be
electronically posted on the myflorida.com website.
(4) A response to a competitive solicitation
shall bind the responder for a minimum of ninety days following the public
response due date, and shall comply with Section
633.206, F.S. For out-of-state
leases, the response shall comply with the state's equivalent of Section
633.206, F.S. All responses
shall include the following:
(a) A life-cycle
cost analysis pursuant to Section
255.254(1),
F.S., and Rule 60D-4.006, F.A.C.;
(b) The respondent's agreement to enter into
a lease approved by the Department;
(c) A scaled floor plan showing present
configurations and measurements per Rule
60H-2.003, F.A.C.;
(d) A rental rate per square foot per year
for all years of the lease, including renewals, that will include all
renovations and other special requirements necessary to accommodate the Agency
at the time of initial occupancy;
(e) A general description of the space such
as a room number, building name, and physical address;
(f) The respondent's agreement to each
Agency's renovation and other special requirements necessary to accommodate the
Agency at the time of initial occupancy;
(g) The signature of the owner(s), corporate
officer(s) or legal representative(s). If signed by a legal representative,
appropriate documentation of the signatory's authority must be
provided;
(h) The corporate, trade
or partnership name either stamped, written or typewritten beside the actual
signature(s); and,
(i) If the owner
is a foreign corporation otherwise prohibited from transacting business in this
state pursuant to Section
607.1501, F.S., a certificate of
authority pursuant to section
607.1502, F.S. The respondent
must include proof of the respondent's authority to offer the facility, i.e.,
copy of the respondent's option to purchase (if the respondent is not the owner
or owner's representative). This option must be valid for at least 90 days
following the public response due date.
(5) Opening of Competitive Solicitations; The
Agency shall:
(a) In the case of an
invitation to bid, announce at a noticed public meeting the name of each bidder
and the price submitted in the bid.
(b) In cases of requests for proposals or
invitations to negotiate, make available upon request the name of each
respondent and the price submitted in the response.
(6) Criteria for Evaluation.
(a) All evaluation team members shall have
knowledge and experience in the requirements in the area for which leasing
services are sought to meet the needs of the Agency.
(b) An Agency shall establish criteria in the
solicitation that clearly identifies the type of solicitation and evaluation
criteria, pursuant to Section
255.25, F.S.
(c) Conflict of Interest. Individuals taking
part in the development of the soliciation criteria, selection criteria for
evaluation, the evaluation process or the award process shall be independent
of, and have no conflict of interest in, the entities evaluated and selected.
Such individuals shall so attest in writing and the attestation shall be placed
in the agency file.
(7)
Replacement Lease.
(a) The Department will
determine if it is in the Best Interests of the State to approve an Agency
replacement lease request. When making this determination, the Department will
consider the availability of state-owned space, and analyses of build
opportunities, and the availability of acquisition opportunities. Upon
Department request, the Agency must supply the following information:
1. An independent comparative market
analysis;
2. The number of
available properties that have the potential to meet the Agency's
needs;
3. Areas where the potential
lease could be located to meet the Agency's location needs if the Agency were
directed to re-procure;
4.
Demographic data showing the location of those that benefit from the services
of the Agency, if accessibility is an issue; and,
5. A cost benefit analysis comparing the rent
and operating costs of the present location(s) with the rent and operating
costs for proposed replacement lease(s).
(b) If the Department determines that it is
in the Best Interests of the State for an Agency to remain in its present
location, a replacement lease may be negotiated 18 to 36 months prior to lease
expiration if:
1. The independent comparative
market analysis supplied in subparagraph (5)(a)1., demonstrates that the rental
rates of the replacement lease will be at or below the total of the market
rates for a comparable lease plus moving costs;
2. The term of the replacement lease does not
exceed the term of the lease being replaced, excluding any renewal options;
and,
3. All other leasing
requirements are met.
(8) This rule shall not apply to leases for
the purpose of providing care and living space for
persons.
Rulemaking Authority
255.249 FS. Law Implemented
255.21,
255.249,
255.25,
255.254,
255.257
FS.
New 4-25-79, Amended 4-19-83, Formerly 13D-7.092, Amended
3-18-86, Formerly 13M-1.015, Amended 2-21-96, 5-13-03, 4-27-04, 7-12-07,
4-29-10, 7-19-15, 3-28-16.
