Florida Administrative Code › 40 - WATER MANAGEMENT DISTRICTS › 40E - South Florida Water Management District › Chapter 40E-7 - MISCELLANEOUS PROVISIONS › Section 40E-7.670 - Competitive Solicitation Preferences

Current through Reg. 50, No. 138; July 16, 2024
The Small Business Enterprise Contracting Rule in this part
				  provides for 2 Competitive Solicitation Preferences designed to assist small
				  businesses. Sheltered Market and Subcontracting Requirements are outlined
				  below.
(1) Sheltered Market Program.
				The District may provide for sheltered markets to allow only SBE's to bid on
				designated solicitations. In order to designate a sheltered market, the
				District must identify at least 3 SBE's available to perform work within the
				industry identified in the solicitation.
(2) Subcontracting Requirements.
(a) Bids - The District shall set
				subcontracting goals for all bids based on availability of vendors registered
				with the District, including SBE firms able to perform work within specific
				Commodity Codes. The SBE goals shall be applied as a percentage of the total
				contract value to be assigned to SBE firms. The maximum SBE goal that will be
				applied to any solicitation will be 25%. When an SBE goal is set bidders shall
				provide work to one or more SBE's in order to meet the goal. At the time of
				submittal of its bid, the bidder shall identify all SBE firms which will be
				utilized as subcontractors, by using Form No. 0956, "Small Business Enterprise
				Subcontractor Participation Schedule" effective (August 29, 2013) (
http://www.flrules.org/Gateway/reference.asp?No=Ref-12410
).
				All bids submitted where SBE participation is required, shall include Form No.
				0957, "Statement of Intent to Perform as a Small Business Enterprise
				Subcontractor" effective (August 29, 2013) (
http://www.flrules.org/Gateway/reference.asp?No=Ref-12422
).
				Form No. 0957 shall be signed by the SBE subcontractor, Form Nos. 0956 and
				0957, together called the SBE Subcontractor Utilization Plan, must reflect the
				parties' intent to establish a business relationship as well as the type of
				work and percentage of work that the SBE subcontractor will perform. Failure to
				submit any of the information as required on Form Nos. 0956 and 0957 shall lead
				to the bid being deemed non-Responsive. Form Nos. 0956 and 0957 are
				incorporated by reference herein and are available at no cost by contacting the
				South Florida Water Management District Clerk's Office, South Florida Water
				Management District, 3301 Gun Club Road, West Palm Beach, FL 33406,
				(800)432-2045, ext. 6805, or (561)682-6805.
Any bidder failing to meet the established goal shall be
				  deemed non-Responsive. If the prime bidder is an SBE Prime, only Form 0956 must
				  be submitted with its bid.
(b) Standard Proposals - For solicitations
				where a contract is awarded based on an evaluation criteria, and where the
				scope of work is clearly defined, the District shall determine subcontracting
				goals for each solicitation based on availability of SBE firms as stated above
				in paragraph (2)(a). The maximum goal that will be applied to any solicitation
				will be 25%. The goals shall be applied as a percentage of the total contract
				value to be assigned to SBE firms. Any proposer failing to meet the established
				goal shall be deemed non-Responsive. At the time the proposal is submitted, the
				proposer shall identify all SBE firms (if any) which will be utilized as
				subcontractors, by using Form No. 0956, "Small Business Enterprise
				Subcontractor Participation Schedule, " incorporated by reference in paragraph
				(2)(a) herein. All proposals with SBE subcontractor participation shall include
				Form No. 0957, "Statement of Intent to Perform as an Small Business Enterprise
				Subcontractor, " also incorporated by reference in paragraph (2)(a) herein.
				Form 0957 shall be signed by the SBE subcontractor. The SBE Subcontractor
				Utilization Plan must reflect the parties' intent to establish a business
				relationship as well as the type of work and percentage of work that the SBE
				subcontractor will perform. If the prime proposer is an SBE Prime only Form No.
				0956 must be submitted with its bid.
(c) Work Order Proposals - For solicitations
				where a contract is awarded based on evaluation criteria and where the scope of
				work is not clearly defined resulting in work order contracts such
				solicitations shall require proposers to commit to SBE goals assigned to
				individual work orders issued throughout the term of the contract. The goal for
				individual work orders will be based on availability of SBE firms as provided
				in paragraph (2)(a). The maximum goal that will be applied to any work order
				will be 25% unless the Prime Contractor has failed to meet prior SBE goals, in
				which case the maximum goal may exceed 25%. At the time the proposal is
				submitted, the proposer shall identify all proposed SBE firms that will be
				utilized as subcontractors.
At the time a work order with an SBE goal is assigned, the
				  Prime Contractor shall submit a cost proposal, and identify all SBE
				  subcontractors and the percentage of work that the SBE subcontractor(s) will
				  perform by using Form No. 0956, "Small Business Enterprise Subcontractor
				  Participation Schedule, " incorporated by reference in paragraph (2)(a) herein.
				  All cost proposals shall also include Form No. 0957, "Statement of Intent to
				  Perform as a Small Business Enterprise Subcontractor, " also incorporated by
				  reference in paragraph (2)(a) herein. Form No. 0957 shall be signed by the SBE
				  subcontractor. A work order will not be executed with a Prime contractor whose
				  cost proposal does not meet the established goal for that work order. The
				  District will set the SBE goal in any particular work order based on the
				  availability of SBE firms. In addition, failure to meet the goal set by the
				  District for an executed work order will result in a breach of contract by the
				  Prime Contractor.